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1990-04-04 - Plan Commission - Minutesl " , -�_...-.-�. _ 0 0 . REGULAR MEETING BUFFALO GROVE PLAN COMMISSION Strathmore Shopping Center Lincoln Woods Cherbourg Unit 1, �No. 29 } Cherbourg Unit 2, No. 41 : ,J Village Bike Path Map April 4, 1990 Chairman Sheldon called the Regular Meeting to order at 7:32 P.M. in the Municipal Building, 50 Raupp Boulevard, Buffalo Groee, Illinois. . Commissioners Present: Chairman Sheldon Mr. Goldspiel , Mr. Krug . Mr. Rhodes Ms. Howard ' . ' Mr. Braiman ' Mr. Rubin � Mr. Rosenston. � Mr. Charlette Commissioners Absent: None Also Present: Mr. Lawrence Freedman � Mr. Carl Kupfer, Spaceco. Mr. Arvid Olsen, Rainbow Path � Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Charlette, seconded by Commissioner Howard, to approve the minutes of the meeting of March 14, 1990. All Commissioners were in favor, with Commissioner Rhodes abstaining, and the motion passed. COMMITTEE AND LIAISON REPORTS � Commissioner Rhodes attended the Village Board meeting of April 2, 1990, at which the following matters were discussed: 1. Striker Lanes Development - approved with the extension of the left-turn bay going east. 2. Preliminary Plan 'for Pace - approved. The maintenance contract for the facility will come back for review. 3. New Fire Station - referred to the Plan Commission. 4. Lincolnwood Town Center vs. Buffalo Grove Town Center. Buffalo Grove Plan Commission - Regular Meeting - April 4, 1990 - Page 1 � . _ .� � � O On the consent agenda, approval was given to the Commonwealth Edison bike path despite audience comments that the high. tension lines may be hazardous. LINCOLN WOODS (Williamsburg Estates) Mr. Lawrence Freedman presented three separate plans. Plan 1 was prepared � � based on petitioner's interpretation of the ordinance and of the prototype ��' sketch contained in the ordinance. This plan does not treat the area on the northern end of Lot 5 as a rear yard entitled to a full rear yard setback. Plan 2 exhibits the interpretation based on creating parallel lines in front and back and establishing the setback off the perpendicular match. Plan 3 represents Mr. Hruby's interpretation establishing setbacks 30 ft. from the north and 30 ft. from the east., treating both as rear yard setbacks. Mr. Freedman stated they do not want to hold up approval of the Plan for this one lot, and though they prefer Plan 1 or 2, Plan 3 does present a buildable lot. He stated, however, if P.lan 3 were approved it is likely they would , ultimately seek a variation for this lot. Mr. Pfeil indicated the issue had been discussed liy Messrs. Rays and Hruby and , - although Mr. Hruby admits to a lack of clarity in the ordinance he firmly stands with the interpretation that both sides are to be considered rear yards and therefore Plan 3 is appropriate. Mr. Raysa supports. that interpretation. � Brief discussion followed regarding the process and chain of responsibility for interpreting the ordinance, and regarding the ordinance itself. Commissioner Goldspiel and Chairman Sheldon both commented that having been members of the Commission at the time the current ordinance was approved it is their recollection that Plan 2 represents the intent of the ordinance as approved at that time. As the Commission generally felt that both Plans 2 and 3 meet the ordinance requirements, discussion then ensued regarding the format for approval, �it being noted that if a plan is approved which they feel meets the ordinance, a more restrictive plan can always be filed, but one plan format must be designated. Chairman Sheldon requested that a copy of these minutes accompany any recommendation. Following discussion on several motion formats, a motion was made by Commissioner Goldspiel, and seconded by Commissioner Howard, to recommend to the Village Board approval of the final plat of subdivision of Lincoln Woods in accordance with Petitioner's Exhibit 3, except that the drawing of Lot No. _ � 5 be reconfigured in accordance with the presentation of Lot 5shown on Petitioner's Exhibit 2. In discussiori on the motion, Commissioner Braiman pointed out that specific � language should be set forth for int�erpretation of the ordinance regarding Lot 7 as well. Buffalo Grove Plan Commission - Regular Meeting - April 4, 1990 - Page 2 "J , _ -- � ♦ O O � • Commissioner Goldspiel amended his motion to include the following: Further that the setback lines on Lot 7 be redrawn in accordance with the same interpretation as shown for Lot 5 on Exhibit 2; and Further subject to the understanding that no portion of the house shown on Exhibit 2 for Lot 5 would extend into the rear yard. � Commissioner Howard seconded the motion, as amended. ' ! All Commissioners were in favor, and the motion passed. STRATHMORE SHOPPING CENT�R, Arlington Heights Road/Route 83 Mr. Pfeil stated that in prior discussion it was identified that the problem areas regarding this fence are on the east and south sides of the shopping center where it abuts the residential property. It had been suggested that on the east side the commercial fence could be moved to the lot line. On the � south side it is not practical to move the fence from the commercial side to the residential property line and so it was suggested that the gates be removed tb try to improve the situation. Phyllis Del Rosario, 1187 Alden, stated that the gates are in such poor condition and have been kicked in so the situation now exists as if they were not there. She indicated there is a missing portion of fence behind her home and even with virtual openings �,rhere the gates are located, people still, crawl through the missing fence to get to the center. Chairman Sheldon commeri.ted that on this side they cannot move the commercial fence back because of the difference in levels of the properties and suggested in this instance the fence be repaired because it would at least help if the hole wasn't there for people to cut through. Additionally, Commissioner Braiman noted there is no fence at 1121 Belmar and suggested if tfiey move. the � fence up to the lot line there and tie it into the residents' fence and run it to the corner at 1173 Alden it would eliminate the alleyway. Along with repairing exist.ing holes in the fence which would he1p, Chairman Sheldon stated the two key elements are to keep the fence in good repair to eliminate passageways and fo find a way to eliminate the alleyway. Ken Lipkins, 1197 Alden, commented on the very severe problem with garbage from the center being thrown over the fence into the area between the properties. He stated he and his neighbors repeatedly clean up garbage, � broken glass and other revolting trash and that no one from the shopping center ever cleans in that easement area between the fences. Mrs.. Lipkins commented that lighters, glass and other hazardous debris are thrown into the yards so that the residents have to inspect their yards b.efore their children can play in them. Additionally, Mr. Lipkins stated he had continually repaired the fence himself. �• Buffalo Grove Plan Commission - Regular Meeting - April 4, 1990 - Page 3 � 'G: _� rn � � . Chairman Sheldon asked if ordinances existed to enforce the repair and maintenance of fences. Mr. Pfeil explained that there were and that there have been problems with the management of the shopping center but they have - indicated once they have Board direction they will make the required changes and repairs to the fence. Chairman Sheldon asked if, another type of fence might be more practical to provide more security to the residents. Mr. Pfeil explained the briginal �'�e request for a wood fence'was to provide visual screening. Commissioner Charlette asked if there was a drainage problem on the south � side. Mr. Pfeil stated the Village Engineer had stated the fence would not affect any drainage issue and that would be addressed separately. Commissioner Charlette suggested a chain link fence be provided and moved back . to the lot line, making it higher than the residents but the same height it is now and running it to the concrete retaining wall. Discussion then followed with the residents regarding the problem of the trash and resultant health hazard. Mrs. Seigle, 1101 Belmar, noted the trash .from Trak Auto .is a severe problem as oil cans and other auto part debris is thrown into her yard. Methods for enforcing care and maintenance by the owner were discussed. The residents further commented on the disrepair of the center itself and its parking lot. In further discussion about the fence, Commissioner Goldspiel noted that the fence at 1101 Belmar is already on the property�line and they still have a problem of people cutting through their yard and squeezing behind their bushes to get to other areas or just leapfrogging the fence. Therefore, that � resident suggested the height of the fence should be increased to help in that regard. Mr. Pfeil indicated the ordinance would allow an 8-ft,-. fence, and the residents indicated they would favor it and have no objection aesthetically. Commissioner Rubin suggested a board-on-board fence would be most practical as it cannot be kicked in from either side. , Commissioner Rosenston then addressed the i5sue of extending the fence to the concrete wall at the east end to c.lose off the alleyway and suggested the residents at 1173 and 1187 be allowed to tie their fences into the shopping ' center's at the back wall. This would require crossing an easement and the ramifications of that were discussed. Mrs. Lipkins `said if the fence is run to the property line at Ar.lington Heights Road something would have to be done regarding the discrepancy in _ � fence heights by the concrete wall beaause of the safety hazard of kids trying to balance on that wall to jump the fences. Chairman Sheldon suggested the Building and Zoning Department go to the site to determine how the fence might be installed to elimina•te that safety hazard. Mr.. Pfeil suggested some direction regarding the Commission's findings be provided to the Board. Buffalo Grove Plan Commission - Regular Meeting - April 4, 1990 - Page 4 a � � A motion was made by Commissioner Rosenston, seconded by Commissioner Rhodes, to recommend to the Village Board to require installation of a new 8-ft. board-on-board fence on the east side of the Strathmore Shopping Center on the property line, connected to an 8-ft. board-on-board fence on the south side of the property on top of the retaining wall, such fence to be contiguous at the southwest corner to the driveway at Arlington Heights Road; Further that this action is justified by the need to insure the public health �•�? and safety; Further that the appropriate Village agencies enforce the continual maintenance of the fence; and Further that the installation be reviewed by the Building and Zoning Department and all attempts be made to eliminate as many safety hazards��as possible. The vote was 5 to 3 in favor, and the motion passed. The vote was as follows: . AYES: Rhodes, Howard, Braiman, Rubin, Rosenston NAYES: Goldspiel„ Krug, Charlette ' . ' ABSENT: None Commissioner Goldspiel stated he does not see any reason for moving the fence adjacent to 1111 and 1121 and giving more property to the shopping center and less to the residential. He feels the fence should be built in its present Iocation. Commissioners Charlette and Krug concurred. Commissioner Rhodes indicated his vote was based on the fact that no better solution had been developed. Commissioner Braiman concurred, stating it will at least alleviate some of the existing problems. Commissioner Rubin agreed that something had to be done as soon as possible. Further discussion related to the issue of trash from the center. Commissioner Braiman noted that the Village has gone forward in the instance of other ordinance violations and feels some positive action should be taken. Commissioner Rubin suggested the Village Attorney give some input on how to eliminate the problem. Commissioner Charlette stated because the Health Department inspects restaurants, he would like to know what involvement they may have on this issue. Chairman Sheldon requested a report on past inspections of the center by the Village and information regarding any ' citations issued for violations and the action taken with respect to such citations. � Mr. Arvid Olsen, owner of Rainbow Path, stated he has been continually frustrated with the. garbage along their fence, the continually full dumpsters and the lack of maintenance of the parking lot and shrubbery, and indicated he would like to see the Village .involvement to help change the situation. In discussion, Mr. Pfeil stated the property is a P.U.D. but he had been unable to locate the ordinance in effect on the property. Mr. Olsen indicated Buffalo Grove Plan Commission - Regular Meeting - April 4, 1990 - Page 5 � ---- �., � � it was in effect in 1978 or 1979 and he had a copy which he would provide to Mr. Pfeil. Further discussion followed on the deteri.oration and lack of maintenance of the property. Commissioner Howard noted that testimony indicated this problem has existed for over four years which, she stated, is too long. Mr. Olsen stated vandalism is also a problem. �'�+ The resident of 1111 Belmar whose property backs up to the Rainbow Path property indicated she had attempted to maintain and clean the property between the two fences but was advised by Mr. Olsen's attorney not to trespass at all on that area, however Mr. Olsen left the weeds and trash and did not maintain the area himself. Co�issioner Charlette clarified that Mr. Olsen is the owner of his own property, as is the bank, and the remainder of the two centers are in other ownership. Mr. Olsen .acknowledged that he is responsible for his fence and that portion of land behind his fence. Therefore, it was noted that Mr. Olsen holds responsibility for much of the particular area discussed. . Following discussion, Mr. Olsen agreed that he would be willing to follow any recommendations and direction of the Village as long as it is legal and . � approved. , CHERBOURG UNIT 1, N0. 29 Moved by Commissioner Goldspiel, and seconded by Commissioner Braiman, that the Plan Commission recommend to the Village Board approval of the Plat of Resubdivision .for Cherbourg Unit 1, Resubdivision No. 29, in accordance with the plat dated 3/20/90. Commissioner Goldspiel confirmed that the plat is in accordance with the approved plan and that the plat has been reviewed by staff and was found to conform with the plat requirements. followin vote: The motion passed 8 to 0 in favor, with the g AYES: Goldspiel, Krug, Rhodes, Howard, Braiman, Rubin, Rosenston, Charlette • NAYES: None ABSENT: None � CHERBOURG UNIT 2, N0. 41 � Moved by Commissioner Goldspiel, and seconded by Commissioner Rhodes, that the Plan Commission recommend 'to the Village Board approval of the Pla�t of Resubdivision for Cherbourg Unit 2, Resubdivision No. 41, in accordance with the plat dated 3/20/90. Buffalo Grove Plan Commission - Regular Meeting - April 4, 1990 - Page 6 < < + z ��' � � O Commissioner Goldspiel confirmed that the plat is in accordance with the approved plan and that the plat has been reviewed by staff and found to conform with the plat requirements. The motion passed 8 to 0 in favor, with the following vote: AYES: Goldspiel, Krug, Rhodes, Howard, Braiman, Rubin, Rosenston, Charlette � NAYES: None ABSENT: None VILLAGE BIKE PATH � Commissioner Goldspiel reviewed several areas including Green Knolls, the . Township path, the Mormon Church path, and the North Buffalo Grove path. Brief discussion followed on some areas with suggestions that the word "bonded" be clarified, possibly emergency numbers be included on the map, and that it be provided to the State so they can incorporate it on their map. Mr. Pfeil explained how the final copy of the map will be published and issued. A motion was made by Commissioner Goldspiel, and seconded by Commissioner Rhodes, to recommend to the• Village Board approval of the Village Bike Path Map in accordance with tlie draft dated 4/2/90, with the amendments and corrections discussed at this meeting. All Commissioners were in favor and the motion passed unanimously. CHAIRMAN'S REPORT Chairman Sheldon commented on the Shafer Road re-routing noting the increased traffic flow and because of that and the potential for more accidents, with Buffalo Grove's cooperative agreement with the Lake County Sheriff's Department, the end result is that the Village's public services will be handling those calls. Further matters discussed were the status of the Long Grove Bank Iawsuit, the Crossings, and the temporary signal at Lake Cook Road and Weidner with respect to cost in light of the imminent installation of a permanent light in the near future. � FUTURE AGENDA SCHEDULE The next meeting will be April 18, 1990 regarding the Zoning Ordinance � Amendment for building connectors, and review of items for Town Center. At the April 25, 1990 meeting there will be a workshop on the new fire station and review on Carlyle Unit 2. Buffalo Grove Plan Commission - Regular Meeting - April 4, 1990 - Page 7 I � � x.�_.� � � � PUBLIC COMMENTS AND QUESTIONS - None STAFF REPORT - None ADJOURNMENT Moved by Commissioner Rosenston, seconded by Commissioner Krug, and unanimously carried to adjourn. � Chairman Sheldon ad'ourned the meetin at 9:23 P.M. J g Respectfully Submitted, % 7 . ROSEMARY ALLEN, cording Secretary APPROVED BY: �'��1�-lr� �00�-- � BARBARA SHELDON, Chairman � , t Buffalo Grove Plan Commission - Regular Meeting - April 4, 1990 - Page 8 1 , I �