McLean County Times

Town of Normal Planning Commission met July 6.

Here are the minutes provided by the commission:

Members Present:

Mr. Broad, Mr. Matejka, Mr. McCue, Mr. Ropp, Ms. Woods, Mr. McBride

Members Absent:

None

Others Present:

Director of Inspections Greg Troemel, Town Planner Mercy Davison, Assistant Corporation Counsel Jason Querciagrossa, Associate Planner Tessa Ferraro, Director of Public Works and Engineering Ryan Otto

Call to Order:

The meeting was called to order at 5:00 p.m. by Chairman McBride.

Approval of Minutes:

Mr. Broad moved to approve the minutes of the regular meeting of May 4, 2023. Ms. Woods seconded the motion.

Public Hearing:

a. 23-07-15-PC: Zoning Map Amendment, 1311 W. Hovey (Grace Church) 

b. 23-07-16-PC: Site Plan, 1311 W. Hovey (Grace Church – Solar Panels)

Mr. McBride informed the audience that the Planning Commission will vote on all agenda items separately, however the discussion for items a & b would take place at the same time.

Mr. McBride invited Ms. Davison to present the Staff Report.

Ms. Davison provided a summary of the proposed Zoning Map Amendment to change the zoning for the property from R-1B Single Family Residential to S-2 Public Land & Institutions. She explained that Grace Church had operated subject to a Special Use Permit for decades, however the proposed ground-mounted solar panel array necessitated the church to rezone to S-2 zoning because the scale of this type of solar array is not permitted in R-1B zoning. Churches are a permitted use in S-2 Zoning, and ground-mounted solar arrays are permitted through an approved site plan with a special use permit.

Ms. Davison then described the second item, which is the proposed site plan to permit the installation of a ground-mounted solar array. In S-2 zoning, properties are required to operate with an approved site plan, which includes all development on the site. The Church submitted a site plan that shows the existing property with the addition of the solar array. The solar array would be located to the west of the building and would meet all the code requirements. The Church would also plant arborvitae along the north and west property lines where residential uses are located to screen the solar panels from the nearby dwellings.

Mr. McBride asked if there were any questions from staff or the commissioners.

Mr. Broad asked if the Church would still have the option to sell the electricity if they had a surplus.

Ms. Davison responded saying that the goal of the solar panels was to supply the Church with electricity, which met the code’s definition of a private solar energy system. If they happened to have excess electricity to sell to the power company, it would likely be part of a net metering system. This would not create a commercial solar energy system, as the primary intent is to supply the Church.

Mr. Ropp asked if the Church could install more solar panels in the future.

Ms. Davison responded that if it were a minor increase, then it would not require a public process; however, if they wanted to add a substantial amount, it would require approval from the Planning Commission through a process to amend the site plan.

Mr. Ropp asked if they could have the opportunity to install panels that are capable of moving to track the sun.

Ms. Davison responded that it is not prohibited; however, it could be denied by staff if it would cause a glare towards the residential uses.

Mr. McBride invited the applicants to testify.

Jerry Schreck, 1600 Cutter Court, Normal, was sworn in. Mr. Schreck reinforced the main points of Ms. Davison’s presentation, noting that the solar panels would be set back and screened by vegetation.

Mr. McBride asked if there were any questions from the Commissioners for the applicant. There were none.

Mr. McBride opened the floor for public comment.

Dorothy Dwyer, 909 Railroad Avenue, Normal, was sworn in. Ms. Dwyer asked how the construction vehicles would access the site while the solar panels are being installed, as she is concerned with a negative impact on Railroad Avenue.

Ky Ajayi, 3702 Baywood Rd, Bloomington, was sworn in. Mr. Ajayi represented Straight Up Solar, who would be installing the solar array. He stated the Church’s parking lot would be used for construction access.

Ms. Dwyer asked if the panels would be noticeable and if they would be screened.

Mr. Ajayi stated they would be set back and screened from view.

Mr. Broad asked if the panels would be screened.

Ms. Davison noted the purpose of the evergreens are to screen the solar panels from the nearby residents.

Mr. Matejka made a motion to approve the findings and recommendations as presented by staff for the proposed zoning map amendment.

Mr. Broad seconded.

Mr. McBride asked for any discussion. There was none.

Mr. McBride asked to please call the role.

Ayes: Mr. Broad, Mr. Matejka, Mr. McCue, Mr. Ropp, Ms. Woods, Mr. McBride

Nays: None.

The motion carried 6-0.

Mr. McBride asked for a motion for the findings and recommendation for the proposed Site Plan. Mr. Matejka motioned to approve the findings and recommendations as presented by staff. Mr. Ropp seconded.

Ayes: Mr. Broad, Mr. Matejka, Mr. McCue, Mr. Ropp, Ms. Woods, Mr. McBride

Nays: None.

The motion carried 6-0.

Ms. Davison noted the item would be on the Town Council’s July 17th agenda for the final decision.

c. Annexation Agreement with Land Use Matters Pertaining to:

a. 23-07-17-PC: Zoning Map Amendment

b. 23-07-18-PC: Preliminary Planned Unit Development

Mr. McBride invited Ms. Davison to present the Staff Report.

Ms. Davison provided an overview of the proposed Zoning Map Amendment of approximately 9.6 acres from County Agriculture to R-3A Medium Density Multifamily to permit the construction of a multifamily planned unit development. Ms. Davison explained that the land would be annexed to the Town of Normal, and would allow for infill development, which is an efficient use of land. Ms. Davison said the proposed rezoning meets the zoning map amendment standards in the Zoning Code, explaining that the proposed R-3A zoning is appropriate for the property because it is adjacent to multiple zoning districts, including R-3A properties to the west. Additionally, the property is in close proximity to permanent open spaces such as the Rosa Parks Commons and Constitution Trail; the site is adjacent to Raab Rd, which the developer would expand into a 3-lane road; the property is adjacent to existing public service routes; the property is in an area that will likely be designated as an open-enrollment district for the Unit 5 School District; and the Town’s Comprehensive Plan designated this property as a Tier 1 property, which is most appropriate for development.

Ms. Davison then gave a summary of the Preliminary Development Plan. She explained the proposal would include six buildings along the west half of the property, with a total of 136 units. Five of the six buildings would be three stories, with the sixth building which is closest to Raab Road being 2-stories. The developer would build 246 parking spaces; however, they would build a total of 272 spaces if the demand was there. Ms. Davison explained the proposal is under the density permitted by code and exceeds the amount of open space. The developer would also have a detention basin along the southeast corner of property, which would include a path around it, as well as a fishing pier. Ms. Davison explained that the proposal is requesting two variances, including to allow 3-story buildings in R-3A Zoning, and a sign height of 7.25 feet. Staff is in support of these variances and believes the proposed development meets the Planned Unit Development objectives established in the Code.

Mr. McBride asked if there were any questions from the Commissioners.

Ms. Woods asked why the code limits the height of the buildings to 2-stories instead of 3 and why the Staff supports the variances.

Ms. Davison explained that it allows for a smoother transition between low densities to high densities. Staff is supportive of the variance because the 3-story buildings are on the west side of the property, which is further away from the R-1 zoning.

Ms. Woods followed up asking if the Commission did not approve the 3-story variance, if the developer would come back with an extra building to make up for the lost units.

Mr. Troemel explained that it would be hard to add a seventh building without getting a variance for the required greenspace.

Ms. Davison added that Staff would rather have higher density away from the single-family houses with more greenspace, rather than a variance for deficient greenspace.

Ms. Woods asked where the extra parking would go if the developer had to add it. Ms. Davison said along the northeast corner.

Ms. Woods asked if the one entrance along Raab Road is adequate for the density of the development.

Ms. Davison said the design was studied and meets Code standards. Additionally, the site is constrained with the intersection at Linden and the Trail to the west. She added that not only would Raab Road be expanded to 3-lanes, but the Trail crossing to the west would be improved to include a pedestrian island.

Mr. Troemel stated that the Town required the developer hire a 3rd party engineering firm to conduct a traffic study, which supported the final design.

Mr. Ropp asked if having the buildings be 2-stories or 3-stories would change the framing from wood to steel.

Mr. Troemel said no, that typically does not happen until there are 5 stories.

Mr. Ropp asked if the developer is waiting to pave all of the parking because they are anticipating that one bedroom would be used as an office instead and if this is something they have seen in their other developments.

Ms. Davison said that it would be best for the developer to answer that question. Mr. Ropp asked if this would be constructed in phases.

Mr. Troemel said that it is big enough to be broken into at least two phases.

Mr. Ropp stated that he would support a sign variance because it is set back far enough from the road and residences.

Mr. Broad asked if the R-3A development to the west has 2 or 3-story buildings. Ms. Davison answered they are 2 stories and sit at a higher elevation.

Mr. McBride asked how the Town would stage the road construction.

Mr. Otto stated that the road improvements would be in sync with the development, and a Certificate of Occupancy would not be issued until the road improvements are complete.

Mr. Ropp asked if the lots to the East would disturbed by the lighting in the development.

Ms. Davison said the exterior lights would be full cutoff with no glare. The lighting closest to the properties on the east side could also have shields to further direct light away from the adjacent properties.

Mr. McBride invited the applicants to testify to the Commission.

Nathan Hinch, 2006 Hidden Lake Road, was sworn in.

Steve Lehman, 414 Wolf Crossing, Morton, was sworn in.

Josh Moore, 408 S Mississippi, Morton, was sworn in.

Mr. Lehman, the designer of the project, explained the existing parcel is currently underutilized. Its proximity to Constitution Trail makes it a great location for residential development. He stated that there will be dense landscaping for the residents to enjoy, while also providing screening to the adjacent property owners. The units would be high-quality, luxury housing. He also addressed the previous question from Mr. Ropp, stating that about 40% of the tenants in their other developments use the third bedroom as an office. Nonetheless, they could construct the total amount of parking spaces if necessary.

Mr. Moore, the civil engineer for the project, explained that the stormwater generated from the development would flow into the detention basin along the southeast corner. The basin would have a normal water level; however, during and following a rain event, excess water would flow into a pipe that is underneath Raab Road.

Mr. Lehman reiterated that the Raab Road improvements would be built in conjunction with the development.

Mr. Hinch added that it is a great opportunity for infill development that is supported by the Comprehensive Plan.

Mr. Matejka asked for a summary of the traffic study.

Mr. Moore explained that the study showed that Raab Road needs expansion even without development.

Mr. Lehman added that the project is going to address the need for Raab Road expansion, and he as the developer is helping with the majority of the cost.

Mr. Matejka asked if there will be additional plantings and landscaping along the east side of the development.

Mr. Lehman said they are going to maintain as much vegetation as possible along the Constitution Trail on the west side of the property. They are also going to be adding hundreds of trees throughout the site, especially to the east where the existing residences are.

Luke McClure, 1909 Crestmoor Cove, was sworn in. Mr. McClure is the landscape designer for the development. He explained there would be arborvitae along Raab Road and large evergreens along the east side for screening. They would utilize native plants when possible.

Mr. Matejka asked for a background on their other properties.

Mr. Lehman said that they have experience in developing duplexes, multifamily, and single family dwellings in the region. They prioritize high quality housing and have an occupancy rate of 95%-100%. They have mostly done duplexes and single-family housing in the Bloomington Normal area; however, they developed 520 Neil Street in Champaign, which is multifamily. They also have multifamily in Morton.

Mr. Troemel asked them to talk about the property management for the development.

Mr. Lehman stated their in-house team would handle the initial management of the development; however, they would contract out to a local company for the long-term use of the property.

Mr. McBride opened up the public hearing to anyone who would like to speak.

Ann Sparks, 1711 N. Linden, was sworn in. Ms. Sparks stated that she is against the development. She explained that her realtor told her that if the development took place, her property’s value would decrease. She told the Commission that long-term property owners always take better care of their property than temporary, short-term renters. She said renters would not take care of the property, and the proposal would be a three-story ant hill, similar to the trailer park nearby. She also had concerns about a deficient amount of parking for visitors, the lack of tornado shelters, ADA accessibility, storm water, an increased risk of mosquitos and malaria, trash, auto-emissions, noise, crime, and the need for a new cell tower causing an increase in EMF signals. She doesn’t support the height variance. She stated that she believed higher density should be kept on the west side of Constitution Trail, and this area should be large-lot, single-family housing similar to hers. If the development passes, she plans to file a class action lawsuit.

Andy Lehman, 1703 Blue Spruce Court, was sworn in. Mr. Lehman stated that he lives close by and supports the project. There is a high demand for the type of units that are being proposed, and they are of high quality.

Robbie Osenga, 5 Kent Dr, was sworn in. Mr. Osenga stated that he has a vested interest in the property as their real estate broker. He stated that the first iteration of this project looked very different than what is being presented today, with the plans changed to address the property owners that live adjacent to the development. The amount of trees and landscaping would add value to the nearby properties. There is a study that shows the community lacks 8,400 units to meet the demand for all housing types. He also reiterated that the development has less density than the code allows and exceeds the greenspace requirements.

Seann Price, 902 N Maple was sworn in. Ms. Price inquired about what qualifies this development as luxury and enquired about the estimated rents, square footage of apartments, maximum occupancy, and timing for development.

Mr. Troemel responded, saying the two-bedroom units are around 1,100 square feet, and the 3- bedroom units are around 1,350 square feet. Each type of unit has 2 bathrooms. Code permits 4 unrelated persons per unit. Mr. Troemel stated that he believes the first phase would take about 8 months to a year, with the second phase being completed after 2 years.

Mr. Lehman added a list of amenities that makes the apartments luxury, such as high ceilings, walk-in closets, high quality appliances, fireplaces, and others. He also stated that tenants are vetted by their credit score.

Mr. McBride asked if there is an income threshold.

Mr. Lehman said no.

Ms. Price asked why they are renting and not doing condos.

Mr. Lehman answered that the market demand is for renters at the moment. Ms. Price asked how tall the plants will be at the time of planting.

Mr. McClure stated that most will be 6’ when planted, but they grow fast. The southwest corner would have 25’ arborvitae.

Ms. Price stated that she agreed with Ms. Sparks’ notion that renters do not care for the property.

Kim Shennett, 1705 Linden, was sworn in. Ms. Shennett agreed with previous comments that were opposed to the development. She also expressed concerns about stormwater. She said that a river of water flows in her side yard during major rain events, and she was concerned that the detention pond would not be adequate and the water would pool in her yard. She also asked if lighting would be around the detention pond. She said she is concerned about safety and the likelihood that trespassing will be an issue, as she believes people will trespass through her property to reach the trail. She already sees trespassers now. She asked the developer to install a fence.

Mr. Troemel stated that there are detention ponds all around town and are not required to have lighting.

Mr. Otto stated that the flood routes would be designed per code in a manner that this site will manage its own storm water. He also stated that the basin would be sized accordingly.

Mr. McBride stated if there are ever any issues with flooding to call Town Staff.

Ms. Davison stated that there would be no lighting along the trail that is near the detention basin and that the addition of lighting could encourage more people to use it at night.

Jean Marie Taylor, 404 Covey Court, was sworn in. Ms. Taylor expressed concerns about traffic and school capacity. She stated that open enrollment brings confusion and costs to the schools, which are near capacity. She also questioned why the road is not expanding to 4-lanes and asked that the traffic study be made available as part of the public hearing. She believes that much of the traffic from this development and the recently approved Carden Springs PUD and Weldon Reserve will travel west, which will make Raab Road traffic worse. She also said traffic at Raab and Towanda could worsen and asked if we have studied traffic in the larger area.

Mr. Otto stated that a 3-lane section would suffice and there are not enough road users to warrant a 4-lane road.

Mr. Broad asked Mr. Otto to speak to the big picture of traffic in the community with the uptick in development.

Mr. Otto stated that the engineering department does not have an overarching study of the whole Town, noting that traffic studies only go so far from a development because it is impossible to predict where the traffic will go. Nonetheless, they are monitoring ongoing development and looking into whether a traffic signal is needed in the future at Raab and Towanda.

John Prosser, 1709 N Linden, was sworn in. Mr. Prosser said he has lived at his home for about 40 years and agreed with Ms. Sparks and Ms. Scharnett on a couple of points. He was concerned about water and traffic because there are issues with both right now. He also inquired about how the adjacent developments would be buffered and screened, asking if the trees would be bermed.

He said there are already people who trespass through his property from Pheasant Ridge to the trail.

Mr. McClure said there would be 50-feet between the park and the property lines, with 20-25 foot trees which would be staggered. He would like to change elevations, but it would ultimately be dictated by the design created by the engineer.

Mr. Prosser expressed concerns about privacy and security and asked if there could be a fence.

Mr. Lehman stated that they would be open to installing a fence. He also stated that they would construct a connection to the Constitution Trail along Raab Road to fill in the missing gap. Mr. Prosser said he thinks that trail extension may help deter trespassers, as they currently have nowhere else to go to get to the trail from the east.

Mr. McBride closed the public comment portion for the agenda items.

Mr. Matejka made a motion to approve the findings and recommendations as presented by staff for the Zoning Map Amendment.

Ms. Woods seconded.

Mr. McBride asked if there was any discussion.

Mr. Broad stated that he heard no concerns about the rezoning.

Mr. Matejka stated that the rezoning did not request any variances.

Ayes: Mr. Broad, Mr. Matejka, Mr. McCue, Mr. Ropp, Ms. Woods, Mr. McBride

Nays: None.

The motion carried 6-0.

Mr. Broad made a motion to approve the findings and recommendations with an amendment to include a fence on the east side of the property for the Preliminary Planned Unit Development.

Mr. Ropp seconded.

Mr. McBride asked if there was any discussion.

Mr. Matejka stated that he had concerns about the 3 stories and the drainage issues. Mr. Ropp asked if the road improvements are under a separate agreement.

Ms. Davison said the road is off-site so there is a separate agreement; however, the road would still factor into the Commission’s recommendation.

Mr. Broad stated that he heard a lot of people against renters. He reiterated that the community is 8,000 units short and that he believed the developers made a substantial effort to address concerns of nearby properties. He added that he is concerned with the 3-story variance request.

Mr. Ropp asked if the Carden Springs PUD had 2-and 3-story buildings.

Ms. Davison confirmed that it does.

Mr. McBride stated that variances may happen often because it takes time and a lot of effort to change the Code. He also cautioned describing renters as ants, and he will probably find himself being a renter again one day.

Ayes: Mr. Broad, Mr. Matejka, Mr. McCue, Mr. Ropp, Ms. Woods, Mr. McBride

Nays: None.

The motion carried 6-0.

Other Business

a. Election of Vice Chairperson

Mr. Broad moved to nominate Mr. Matejka as Vice Chairperson.

Ms. Woods seconded.

Ayes: Mr. Broad, Mr. Matejka, Mr. McCue, Mr. Ropp, Ms. Woods, Mr. McBride

Nays: None.

The motion carried 6-0.

Adjournment:

There being no further business, Mr. Broad moved to adjourn the meeting. Mr. Ropp seconded.

The meeting was adjourned at 7:30 p.m.

https://www.normalil.gov/ArchiveCenter/ViewFile/Item/4693