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2003-10-01 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 10/01/2003 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION October 1, 2003 Niminski Property, 936 Betty Drive, Rezoning one parcel to The R-4A District and approval of a Preliminary Plan for two single-family lots Chairman Ottenheimer called the hearing to order at 7:30 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr. Smith Ms. Bocek Ms. Kenski-Sroka Mr. Khan Mr. Stark Mr. Cohn Commissioners absent: Mr. Teplinsky Also present: Mr. Nicholas Niminski Mr. Dan Dowd, Attorney at Law Mr. William Raysa, Village Attorney Mr. Steven Trilling, Village Trustee Mr. Richard Kuenkler, Village Engineer Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner The following exhibits were presented by the petitioner at the public hearing: Group Exhibit A: Elevations of proposed homes, 4 pages, dated September 27, 2003 Village Exhibit 2: Robert Pfeil Memo dated September 26, 2003 Mr. Dowd stated he represents the petitioner with regard to this property. He noted Mr. Pfeil's staff report contains all the pertinent information about the property. He stated the petitioner does seek to rezone the parcel from a B-1 to an R-4A use so as to be allowed to construct a single-family residence on that lot. If that is granted they understand the petitioner will be required to re-plat both parcels with equal frontage and enter the R-3 zoning classification. The petitioner is asking the Board to defer the public improvements that would otherwise be required, i.e. the widening of the road and installation of curb and gutter and he is asking the Board to allow him to post cash in lieu of doing the public improvements. He stated that from the standpoint of it being a rural section type road with swale and no curb, gutter or sidewalk nearby, that would best serve the interests of the surrounding properties as well as the Village. Mr. Dowd stated they think at this point in time the property should be rezoned from its current B-1 to R-4A because the property to the rear will now be developed as a low rise office use without the need for this parcel and the property draws its zoning characteristics from the property it faces to the east. Once the office complex is constructed, the property here would really draw it characteristics from the residential uses, which it faces. There is a well-known zoning principle that like uses should face like uses and in this case it is pure residential from immediately across the street and all the way to the south. There is another zoning principal that provides that zoning classification demarcation should be done at rear property lines whenever possible and that is what is occurring now concurrently with the request to develop the property to the rear into an office use. In addition, this property has remained unproductive and undeveloped for a significant period of time during which that corridor and all throughout the northwest suburbs there has been rapid and brisk development. The petitioner has endured a hardship in being unable to successfully develop the property under the existing zoning classification of B-1. There is no doubt that the desire of the Village to increase its property tax base from a commercial standpoint is well taken, but this is just a small piece that only would fit in a commercial type development with low intensity and needs a perfect fit. Now since a large part of the property is being development otherwise, they believe it would be a hardship and burden upon the petitioner to continue to hold this small sliver of undeveloped B-1 property out for development while the petitioner is unable to use it in a productive fashion. They ask that this be considered. Mr. Dowd further stated that the tax burden that the petitioner has endured has been too high both as user occupied and empty. He stated there can be no question that if developed as a residential property there is demand and it can be developed in a highly attractive residential manner and in a way that will benefit the Village and the surrounding area as it will be consistent with the line that now exists for demarcation between commercial and residential as it exits on the northeast and immediately adjacent properties. It will finally put to rest the collective angst of the people who reside on Betty Drive as to the future use of this particular property. Mr. Dowd stated that for all of these reasons which are well recognized zoning principles, the petition should be well founded with the Commission and they ask for an affirmative recommendation to the Village Board. Commissioner Kenski-Sroka stated her only concern is that the residents are in agreement with this development for the property. She asked if the neighbors have been contacted. Mr. Dowd stated he has spoken with a couple of the residents and he actually represented several neighbors during the proceeding with Prestige Auto. They are probably elated with this proposal. Commissioner Kenski-Sroka asked if this is a viable development of the property since the medical office plan is proceeding on the property to the west. Mr. Dowd stated yes. He noted there is some question of what type of trees will remain, but the required landscaping and the work that the Village is going to do to ensure as much retention of existing vegetation will ensure no problems. Commissioner Kenski-Sroka asked about engineering plans and the water problems in this area. Mr. Dowd stated that no engineering seems to be required on a two-lot sub-division. Mr. Kuenkler stated there would be no noticeable change. Commissioner Samuels asked what is currently on each of the lots. Mr. Dowd stated the B-1 use is what was formerly a home that had been converted to some type of office commercial use. It is fairly dilapidated and has been unused for at least one year. The other lot is vacant. Commissioner Samuels asked if it is the petitioner's intent to develop this property himself or to just get the zoning and then sell it off to a developer. Mr. Dowd stated the petitioner would develop the parcel himself. Commissioner Samuels asked what the timing of construction would be. Mr. Dowd stated immediate. Commissioner Stark asked how much property taxes would be brought in by two homes. Mr. Dowd noted it would be Cook County so it would be about 2 '/z or 3 percent and most homes in the area sell for about $350,000. Commissioner Stark asked if there would be a strain on police or fire services to have a couple of residences here. Mr. Pfeil stated in his opinion it would not be a strain. He noted the police patrol the area already to the north and they probably go down Betty Drive occasionally anyway and it would not really add any burden. The fire response would be very timely as the main station is just to the west on Dundee Road. Commissioner Khan asked if the petitioner is only seeking a rezoning of the northern lot at this time and not approval of the resubdivision. Mr. Dowd stated yes, that is his understanding. He stated he understands that if this petition is granted they will then have to re-plat because there are different frontages. The lot seeking rezoning is 112 feet of frontage and the other lot is 88 feet of frontage and it would probably be better to develop both based on the recommendations of staff to make them both 100 foot lots. Mr. Pfeil stated the petition is for the rezoning of the north parcel and approval of a two-lot preliminary plan. The Commission is therefore making a recommendation concerning both the rezoning and preliminary plan. The preliminary plan needs to be supported with documentation such as the engineering information, which would be developed as part of the plat of subdivision. If this plan proceeds and the rezoning is approved, a two-lot plat would come back for approval by the Plan Commission. Commissioner Khan asked if anyone lives in the home now. Mr. Dowd stated no. Commissioner Khan asked if the single family home was built in 1995. Mr. Dowd stated it has been vacant and there are no utilities. Mr. Niminski stated the south lot is vacant. Commissioner Khan asked if there is any sewer on Betty Drive that these two properties can be hooked up to. Mr. Kuenkler stated there is no sewer on Betty Drive. Commissioner Khan asked how the proposed two homes would get sewer service. Mr. Kuenkler stated there is a sewer behind the small commercial area on Dundee Road and it will be extended south to serve these two properties. Commissioner Cohn asked if there is a definite demand for homes on this property. Mr. Dowd stated he has knowledge of the development trends in the area as well as the general northwest suburban area and it has been very favorable for single-family residential development. He noted he has also been privy to expert testimony to that effect before this commission in prior proceedings that should this property be rezoned for residential use, it would most likely sell quickly and successfully. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 8:00 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 10/01/2003 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION October 1, 2003 Niminski property, 936 Betty Drive, Rezoning one parcel to the R-4A District and approval of a Preliminary Plan for two Single-family lots Discussion of Plan Commission review of Village Comprehensive Plan and Village Zoning Ordinance Chairman Ottenheimer called the meeting to order at 8:00 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr. Smith Ms. Bocek Ms. Kenski-Sroka Mr. Khan Mr. Stark Mr. Cohn Commissioners absent: Mr. Teplinsky Also present: Mr. Nicholas Niminski Mr. Dan Dowd, Attorney at Law Mr. William Raysa, Village Attorney Mr. Steve Trilling,Village Trustee Mr. Richard Kuenkler, Village Engineer Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner APPROVAL OF MINUTES Moved by Commissioner Smith, seconded by Commissioner Kenski-Sroka to approve the minutes of the regular meeting of August 20, 2003. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Samuels and Khan abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Kenski-Sroka attended the Village Board meeting on September 22, 2003 and stated the following items were discussed: I. Pre-conference discussion of proposed townhome development on Prairie Road by Insignia Homes. The Board commented that the plan appears to be over-development of the site; the petitioner was asked to reduce the amount of building coverage and reconsider the variations that would be requested concerning sidewalks. 2. Discussion of the secondary access for the Turnberry Condominiums. The Village Board did not accept the recommendation for the alternative access east to the Town Center shopping center. The Board directed staff to discuss implementation of the north alternative through the Deerfield Bakery stormwater management area with Concord Homes and the Bakery owner. NIMINSKI PROPERTY, 936 BETTY DRIVE, REZONING ONE PARCEL TO THE R-4ADISTRICT AND APPROVAL OF A PRELIMINARY PLAN FOR TWO SINGLE-FAMILY LOTS Moved by Commissioner Samuels, seconded by Commissioner Kenski-Sroka to recommend approval to the Village Board of the petition for approval of rezoning a portion of the property from the B-1 Business District to the R-4A One-Family Dwelling District and approval of a Preliminary Plan for two-single family lots, with the following variations: DEVELOPMENT ORDINANCE — Section 16.50.070.D.2. (to defer widening the pavement of Betty Drive to the Village standard of 24 feet) and Section 16.50.070.I (to defer construction of curb and gutter along Betty Drive) so that the petitioner can build his proposed two single-family house subdivision, pursuant to the testimony produced at the public hearing and the exhibits introduced in evidence in support thereof. Commissioner Samuels said he agrees that these lots are not needed by adjacent business properties, so it seems to make sense to finish out development of this block by allowing the rezoning of the north parcel to residential for completion of the two-lot residential subdivision. Commissioner Stark stated it makes perfect sense to rezone this to residential in order to fit into the rest of the neighborhood. Commissioner Cohn stated this makes sense to him as well. He stated it would be important to hear in the future from the neighbors who will be living near these developments and he hopes in the future there will be a presentation from the neighbors. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Samuels, Smith, Bocek, Kenski-Sroka, Khan, Stark, Cohn, Ottenheimer NAPES: None ABSENT: Teplinsky ABSTAIN: None The motion passed 8 to 0. DISCUSSION OF PLAN COMMISSION REVIEW OF VILLAGE COMPREHENSIVE PLAN AND VILLAGE ZONING ORDINANCE Mr. Pfeil suggested that the Commission have a conceptual discussion concerning comprehensive plan issues. A formal plan of action to update the Master Plan as well as the Zoning Ordinance would be brought back to the Commission on a future agenda. When specific portions of the Comprehensive Plan and Zoning Ordinance are ready for review, they can be scheduled for agendas that are not needed for development projects. Mr. Pfeil stated the Comprehensive Plan was revised and approved in 1998. The Village has traditionally tried to update the plan on a five-year cycle. Issues about the community and redevelopment trends are the areas that the Commission should explore on a conceptual basis before formally initiating the update process. The community participation process is integral to the plan, and productive ways to engage various aspects of the community into process should be discussed by the Commission. Commissioner Samuels noted ways of doing surveys on the Internet should be explored to elicit feedback from the community. Commissioner Stark asked if there are any numbers on how popular the Village website is because that would be a good place to put the survey suggested by Commissioner Samuels. Mr. Pfeil said he would get more information concerning use of the Village website. He noted that the Village has used the printed newsletter and information flyers with water bills as well as the website to inform the community about major projects. Chairman Ottenheimer asked if there had been any requests for adult uses in the Village. Mr. Pfeil stated no. He noted that Lake County and the Village of Mundelein have both updated their respective regulations to be prepared for possible requests for these types of businesses. Commissioner Samuels asked if the Jacobs proposal for Weiland and Aptakisic Road is going to be coming back and if it is something specifically that should be looked at as part of the Comprehensive plan. Mr. Pfeil commented that the Jacobs proposal is not proceeding, but this portion of the Aptakisic Road corridor needs to be reviewed in terms of the Village's land use planning. CHAIRMAN'S REPORT Chairman Ottenheimer welcomed Matt Cohn as a new commissioner. He then recommended that anyone wanting to attend the training seminar do so as it is well worth while. FUTURE AGENDA SCHEDULE Mr. Pfeil said the next meeting is scheduled for October 15, 2003. This agenda includes a public hearing concerning Twin Creeks park. PUBLIC COMMENTS AND QUESTIONS -None STAFF REPORT—None NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Kenski-Sroka, seconded by Commissioner Smith and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 8:17 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair