Planning & Zoning Board

December 11, 2018 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Weller called the December 11, 2018 Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in the Council Chambers of the Wheaton City Hall, 303 W. Wesley Street. Upon roll call, the following were: Roll Call Vote Present: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Absent: None City Staff Present: Tracy Jones, Staff Planner II. APPROVAL OF MINUTES - NOVEMBER 13, 2018 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. NEW BUSINESS ZA #18-20/ PUD AMENDMENT AND SUBDIVISION/ 104 AND 110 W. FARNHAM LANE/ POINTNER Pursuant to notice duly published on November 23, 2018 and letters mailed to neighboring property owners on November 20, 2018, Chair Weller called to order the December 11, 2018 public hearing requesting an amendment to Ordinance No. F-0688, “An Ordinance amending the Wheaton Zoning Ordinance map and granting a special use permit for a residential planned unit development on a certain piece of property commonly known as 104 West Farnham Lane/ Farnham Ridge P.U.D” to allow for the abrogation of the Declaration of Condominium Ownership and of Easements, Restrictions and Covenants for Farnham Ridge Condominium, Recorded May 20, 2011 and recorded as DuPage County Document Number R2011-062189 (the “Condominium Declaration”), and granting subdivision approval for Farnham Lane Estates to subdivide the properties that are currently Lots 1 and 2 under the condominium plat of the Condominium Declaration, and to make the two lots traditional subdivision lots commonly known as 104 and 110 W. Farnham Lane. Scott Pointner, 300 E. Roosevelt Road, Wheaton was sworn in. Mr. Pointner stated that he was the attorney representing the property owners, Marc and Christine Damon at 104 W. Farnham Lane, Wheaton and Sharon Urban at 110 W. Farnham Lane, Wheaton. Mr. Pointner stated that in the early 1980’s, the properties currently known as 104 W. Farnham Lane, 110 W. Farnham Lane and 1555 Wadsworth Road were one large single-family lot that was donated to Wheaton College upon the owner’s death. The new owner wanted to subdivide the property but there was neighbor opposition. The parties ended up with a compromise that was memorialized in the “1983 Plat”. The “1983 Plat” subdivided the property into the north lot (now commonly known as 104 and 110 W. Farnham Lane) and the south lot (commonly known as 1555 Wadsworth Road). The  Wheaton Planning and Zoning Board December 11, 2018 Page 2 of 4 plat contains two restrictive covenants: 1) the north lot and the south lot were not able to be further subdivided; and 2) the south lot could not be used as access for any other lot. Mr. Pointner stated that in the early 2000’s, the north lot was purchased by a developer who wanted to further subdivide it into two lots. The City would not allow the subdivision due to the first restrictive covenant prohibiting the property from being further subdivided. The developer then created a condominium plat which meant that the property was technically not subdivided but due to the property being subject to the Condominium Property Plat, two homes could be built (each as its own single-family condominium unit). The City ultimately approved the redevelopment of the north lot into two condominium units and included a new condition in City Ordinance No. F-0688 that there only be one curb cut on Farnham Lane for the two residences. Mr. Pointner stated that since this approval, a single-family home condominium unit has been constructed at 104 W. Farnham Lane. A single-family home condominium unit is currently under construction at 110 W. Farnham Lane. A PUD Amendment was granted earlier this year to allow for two separate curb cuts on Farnham Lane for the two residences. Mr. Pointner stated that the current property owners of 104 W. Farnham Lane (Damon) and 110 W. Farnham Lane (Urban) desire to subdivide the properties that are currently Lots 1 and 2 under the condominium plat of the Condominium Declaration, and to make the two lots traditional subdivision lots. Damon and Urban recently met with the two adjacent property owners, Coffey and Jenkins, who would have to agree to amend the restrictive covenant to allow the subject property to be subdivided. These negotiations were successful, and the parties were able to come to terms to allow the property to be subdivided. Mr. Pointner stated that based on these successful negotiations, the applicant has submitted a request to amend Ordinance No. F-0688 to allow for the abrogation of the Declaration of Condominium Ownership and of Easements, Restrictions and Covenants for Farnham Ridge Condominium, Recorded May 20, 2011 and recorded as DuPage County Document Number R2011-062189 (the “Condominium Declaration”), and grant subdivision approval for Farnham Lane Estates to subdivide the properties that are currently Lots 1 and 2 under the condominium plat of the Condominium Declaration, and to make the two lots traditional subdivision lots commonly known as 104 and 110 W. Farnham Lane. If this request is approved, no visual changes to the property would occur. Staff Planner Jones stated that in the R-2 Residential District, the minimum bulk regulations are a 90 foot lot width, a 132 foot lot depth and a lot size of 14,000 square feet. Both 104 and 110 W. Farnham Lane exceed all these requirements. Mr. Pointner addressed the special use standards as required by the Zoning Ordinance. He stated that the proposed special use would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. Mr. Gudmundson moved and then Mr. Wanzung the motion to close the public hearing. On a voice vote, all voted aye. The Board decided to vote this evening. Ms. Aranas moved and then Mr. Gudmundson seconded the motion to approve ZA #18-20 granting an amendment to Ordinance No. F-0688, “An Ordinance amending the Wheaton Zoning Ordinance map and granting a special use permit for a residential planned unit development on a certain piece of property commonly known as 104 West Farnham Lane/ Farnham Ridge P.U.D” to allow for the abrogation of the  Wheaton Planning and Zoning Board December 11, 2018 Page 3 of 4 Declaration of Condominium Ownership and of Easements, Restrictions and Covenants for Farnham Ridge Condominium, Recorded May 20, 2011 and recorded as DuPage County Document Number R2011-062189 (the “Condominium Declaration”), and granting subdivision approval for Farnham Lane Estates to subdivide the properties that are currently Lots 1 and 2 under the condominium plat of the Condominium Declaration, and to make the two lots traditional subdivision lots commonly known as 104 and 110 W. Farnham Lane. Roll Call Vote Ayes: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Nays: None Absent: None Motion Passed Unanimously ZA #18-21/ TEXT AMENDMENT AND SPECIAL USE PERMIT/ 931 WEST LIBERTY DRIVE/ AMB HOLDINGS II LLC Pursuant to notice duly published on November 23, 2018 and letters mailed to neighboring property owners on November 20, 2018, Chair Weller called to order the December 11, 2018 public hearing requesting a text amendment to the Wheaton Zoning Ordinance, Article 21, to add Hair Stylists as a special use in the M-1 Manufacturing District. The application is further requesting a special use permit to allow a Hair Stylist to occupy the property located at 931 W. Liberty Drive. The subject property is part of the Commerce Square Development and is zoned in the M-1 Manufacturing Zoning District. Letters of support from several Commerce Square Development property owners were incorporated into the record. Michael Burdi, 1926 Middleton Court, Wheaton was sworn in. Mr. Burdi stated that he is the property owner. He added that he purchased the property in 2014 with an existing personal trainer/ nutritionist/ gym establishment. Since this business closed, he has had difficulty finding manufacturing tenants that are interested in leasing the space. Mr. Burdi stated that he is requesting a text amendment to Article 21 of the Wheaton Zoning Ordinance to add Hair Stylists as a special use in the M-1 Manufacturing District. Currently, Buildings Primarily Devoted to Religious Worship and Kennels are the only uses allowed by special use permit in the M-1 Manufacturing District and both are recent additions to the list of special uses. Mr. Burdi stated that he is further requesting a special use to allow a Hair Stylist to occupy the property located at 931 W. Liberty Drive. The subject property is part of the Commerce Square Development and is zoned in the M-1 Manufacturing Zoning District. He stated that the design of the Commerce Square Development is dated and is not conducive to current users looking for flex/ manufacturing space and he has had difficulty finding manufacturing tenants that are interested in leasing the space. Nicolle Lee, 2427 Imgrund Road, North Aurora was sworn in. Ms. Lee stated she is the prospective tenant and that she has an existing hair salon in downtown Wheaton. She added that existing and proposed floor plan for  Wheaton Planning and Zoning Board December 11, 2018 Page 4 of 4 the hair salon have been submitted. Shared parking is available for the complex and is adequate for the proposed use. Mr. Burdi addressed the special use standards as required by the Zoning Ordinance. He stated that the proposed special use would not be detrimental to the public health, safety, morals, comfort, convenience or general welfare of the neighboring property owners. Mr. Dabovich moved and then Mr. Plunkett the motion to close the public hearing. On a voice vote, all voted aye. The Board decided to vote this evening. Mr. Wanzung moved and then Mr. Plunkett seconded the motion to approve ZA #18-21 granting a text amendment to the Wheaton Zoning Ordinance, Article 21, to add Hair Stylists as a special use in the M-1 Manufacturing District and a special use permit to allow a Hair Stylist to occupy the property located at 931 W. Liberty Drive. Roll Call Vote Ayes: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Nays: None Absent: None Motion Passed Unanimously V. MISCELLANEOUS There was none. VI. ADJOURNMENT Mr. Plunkett moved and then Mr. Gudmundson seconded the motion to adjourn the meeting at 7:43 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner