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Commission approves amended development agreement for Reserve at Swains Creek; phase 1 density cut, open space increased
Summary
The commission amended the development agreement for the Reserve at Swains Creek PUD, reducing phase 1 lot count and increasing open space; deed restrictions and groundwater/septic constraints were flagged for future platting steps.
The Kane County Planning and Zoning Commission unanimously approved an amendment to the development agreement for the Reserve at Swains Creek planned unit development on Sept. 10, reducing density in phase 1 and increasing open space.
Tom Avant, the project engineer, told the commission that phase 1 still covers roughly 33'134 acres but the number of approved lots in that phase will fall from 14 to nine. "We've reduced the density, reduced the number of lots, and we've increased the amount of open space," Avant said, noting the phase's open space rose from 11.22 acres to 12.86 acres and the per-lot acreage shifted from about 2.43 acres per lot to roughly 3.8 acres per lot.
Staff and the developer said the amendment responds to a change in ownership of a partner in the project and to technical conditions discovered during engineering. Daniel Cole (planning staff) and Avant said the project team will impose deed restrictions and plat notes related to a previously approved commercial helipad parcel and to groundwater protection.
Planning staff described groundwater constraints that affect septic placement. The Water Conservancy staff reviewed well records and identified a source-protection plan that places parts of Lot 1 and Lot 2 in a zone 2 protection area, which limits building and septic infrastructure without additional review; staff said deed restrictions and monitoring requirements will be recorded on the plat to reflect those constraints.
Commissioner Clayton moved to amend the development agreement as presented; Commissioner Crutchfield seconded. The motion carried unanimously.
Why it matters: The amendment reduces overall residential density in the first phase, increases open space, and establishes recorded limits and monitoring tied to groundwater and septic feasibility. Those recorded restrictions will guide future preliminary and final plat steps, septic design and deed restrictions on individual lots.
Next steps: The developer will proceed with preliminary plat and engineering steps; staff and the county attorney will record deed restrictions and make any required feasibility notes on the recorded plat.
