1978-11-13 - Village Board Committee of the Whole - Minutes SUMMARY OF COMMITTEE OF THE WHOLE OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD MONDAY, NOVEMBER 13,
AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS.
President Fabish called the meeting to order at R:55 P.M. Those present
were Pre iddentt Fabish; Trustees Rech, Marienthal , Mendenhall . Trustees Bogart,
Stone and Kande7 were absent.
Also present were William Balling, Village Manager; William Raysa, Village
Attorney; and Thomas Fennell , Building Commissioner.
OFF STREET PARKING IN RESIDENTIAL AREAS
Approximately six months ago President Fabish appointed Trustee Mendenhall
to chair a committee to study regulation of off street parking in residential
areas. The Zoning Ordinance presently permits parking of passenger automobiles
only in a residential area. Since it was felt that this requirement was
unenforceable, the Police were instructed to cite blatant violators (semi-
trucks) and the committee was formed to consider a more reasonable regulation
(possibly regulate according to weight, height, and/or length) .
Trustee Mendenhall stated that the committee consisted of four R.V. owners
and four non-R.V. owners. In addition, Barbara Sheldon (Plan Commission) ,
Bud Gibbs (Appearance Commission) , Rich Heinrich (Z.B.A.) and Tom Fennell
(Building Commissioner) participated in the committee. He then reviewed
various concerns that were addressed at committee meetings.
Trustee Mendenhall highlighted the proposed ordinance, 1) 24' R.V.s would
be maximum amount allowed because most driveways are 25' , 2) allow driveway
parking for 6 months so that R.V.s can be parked in the driveway during the
season in which it is used, 3) for owners who use their R.V.s on a daily
basis, a variation procedure through the Z.B.A. was included, 4) no commercial
vehicles allowed over 18' long and 7' high, and 5) no parking of commercial
vehicles on streets except for service or delivery.
Rosalie Kaszubowski , member of the committee, read a statement, a copy of
which will be on file in the office of the Village Clerk. She felt the
proposed ordinance is unreasonable, arbitrary, and deficient. She felt the
ordinance should address itself to the manner in which the R.V. is parked.
Earl Smithern, member of the committee, proposed that sections of the proposed
ordinance pertaining to R.V.s be deleted because he felt it is unconstitutional ,
discriminatory, and an infringement on personal property rights. He said most
complaints were against commercial vehicles with only one complaint against
R.V.s. He asked if the Nuisance Ordinance could be updated to handle that
one complaint.
Mr. Raysa stated that derelict vehicles could be handled with the Nuisance
Ordinance and commercial vehicles in a residential area could be handled by
the Zoning Ordinance.
Mr. Balling stated that the Board must take some action because there is an
existing conflict in ordinances which currently renders most provisions
unenforceable unless the Village cites everything other than a passenger
automobile in a residential district.
\./
COMMITTEE OF THE WHOLE
NOVEMBER 13, 1978
PAGE TWO
Robert Neal , 445 Regent Drive, did not feel the Village should consider
regulating how a resident spends his recreational dollar. He felt it is
impossible to regulate parking and be fair to everyone.
Rich Heinrich referred to the section of the proposed ordinance that provides
for 6 month parking, and stated that this would require massive clerical effort
to enforce. He felt other portions would be difficult to enforce also. He
felt it is unfair to force people to get a variance.
Neal Hopkins, 243 Forest Way, stated that when a provision for variance is
included in an ordinance, it is an admission that the ordinance is unenforceable.
He suggested the ordinance regulate commercial vehicles only.
Bert Personius, committee member, spoke in favor of the proposed ordinance.
He felt the 6 month requirement of parking of R.V.s was a good compromise
and not overly restrictive.
James Shirley, 636 Raupp Boulevard, felt the committee should have concentrated
on proper parking regulation within the private property limits with respect
to street parking and distance from curb and sidewalks. Weight could have
been considered since the Village is responsible for maintenance of sidewalks,
and weight of vehicles crossing sidewalks effects maintenance. He felt the
complaints received by the Village were based on the space the parked vehicle
occupied and how the vehicle was parked with respect to health and safety
factors and welfare of the neighborhood.
Alan Foss, 160 Weidner, stated that he is an appraiser, and in no instance
has he ever found an R.V. a detriment to a neighborhood.
An unidentified citizen spoke in favor of the proposed ordinance because he
felt the parking of R.V.s detracts from the beautification of the area.
Because of law suits upheld in court, Mr. Raysa did not feel weight was a
valid classification in this type of ordinance. It can be handled by height
and length, but not by weight.
Several other citizens testified, citing reasons similar to those already
expressed.
President Fabish stated that this matter will be placed on the agenda of the
regular meeting to be held on November 20. At that time determination will
be made whether to pursue the proposed ordinance with public hearing or to
reconsider it.
10:20 P.M. - The President declared a recess
10:35 P.M. - The meeting resumed.
COMMITTEE OF THE WHOLE
NOVEMBER 13, 1978
PAGE THREE
KENNEDY DEVELOPMENT/ARLINGTON HEIGHTS •
The Board reviewed a revised draft letter to the Village of Arlington Heights
regarding a Kennedy Brothers development of over 600 homes northeast of Nichols
Road and Arlington Heights Road, which geographically is in a Buffalo Grove
neighborhood area. The letter stated that if the development were built in Buffalo
Grove, the developer would be required to contribute $218,417 to School District
#21 , $13,963 to School District 1196, $104,465 to School District #214, and $6,678
to School District #125 in accordance with the Village's School/Park Donation
Ordinance. The letter urged Arlington Heights to require Kennedy Brothers to make
this contribution to the school districts. It also urged them to adopt a school
contribution ordinance similar to Buffalo Grove's.
After discussion, it was decided that President Fabish should sign the letter as
drafted, and that Trustee Marienthal would present it at the Arlington Heights
public hearing on the matter which will be held on Wednesday, November 15, 1978.
Also, a copy of the letter will be sent to all school districts mentioned.
WILLIAMSBURG ON THE LAKE
Trustee Marienthal read a memo, dated November 8, 1978, from the plan Commission
recommending the Board consider a combination of multiple and single family housing
for the Williamsburg on the Lake development (southeast corner Arlington Heights
and Checker Roads) , with consideration given to multiple housing south of the creek
and single family housing on the north. The intent would be to develop a project
with a positive tax impact.
Mr. Kettler, developer, stated that the development will have to be either all
multiple housing or all single family housing because of economics and the sanitary
sewer capacity. He explained that if the development were all single family, the
existing sewer capacity could handle the development, and if the development were
all multiple housing, he could afford to install another sewer; but the mixed
housing would need more than the existing sewer capacity and it would not be
economically feasible to install another sewer.
President Fabish stated that he prefers all single family housing for this develop-
ment, and asked other Board members to express their preference.
Trustee Rech found the 319 multiple housing plan unacceptable. Her basic concerns
were flood plain and retention on the property and requested comments from the
Village Engineer prior to any decision being made. She felt the sewer impact and
the school impact of this development should also be considered. She preferred a
low density housing development, such as R-1 or R-2 zoning.
Trustee Marienthal said he could not approve the original 319 unit plan. He felt
the tax impact on School District #96 has to be considered. He preferred R-3 zoning
over R-4. Also, if there has to be any multiple family housing, it should be south
of the creek and similar to Mission Hills.
Trustee Mendenhall preferred large lots and large homes. He favored single family
housing over multiple family.
COMMITTEE OF THE WHOLE
NOVEMBER 13, 1978
PAGE FOUR
William Hitzeman, Superintendent of School District #96, stated that high density
single family would be detrimental to the school district. Because of tax impact,
he preferred multiple family or low density single family development.
President Fabish stated that this matter will be placed on the next regular meeting
Board agenda for official position.
BUFFALO GROVE MAL1./DOMINICKS
Trustee Rech was concerned that the expansion of the Dominicks store at the Buffalo
Grove Mall was considered a minor change in plan which did not require Plan Commission
or Village Board approval . She said that this expansion increases the size of
Dominicks by 42? . President Fabish stated that when determining a project to be
major or minor, the entire building size (Buffalo Grove Mall , in this case) has to
be considered, not just one store in the building.
Trustee Rech stated that she also is concerned about 1) the Zoning Ordinance
variations that will be required for this addition, 2) the protection of the
single family homes to the north of the building, 3) the number of parking spaces,
and 4) proper landscape buffer.
Trustee Marienthal referred to a memo, dated November 13, 1978, from Plan Commissioners
Burt Harris and Barbara Sheldon, which stated there should have been a 50' setback
from the north property line, but there is only a 41 ' setback.
Trustee Rech noted that the loading docks are on the north side of the building which
should have required additional setback.
Mr. Balling stated that the structure presently is under construction on a duly
issued building permit. Mr. Raysa stated that if a permit is issued and if a
substantial expenditure of funds is made with reliance on that permit, estopple
will work against the Village.
Trustee Rech felt procedures should be changed to provide that this type of change
should be reviewed by the Plan Commission and Village Board. Mr. Balling stated
that this building was processed pursuant to ordinance, and any change in procedure
would require an amendment to that ordinance.
After discussion, it was decided that Mr. Balling should instruct the owner of the
Buffalo Grove Mall to petition the Zoning Board of Appeals for the required variations.
HERITAGE PLACE UNIT III
James Hemphill and William Lyman of C. A. Hemphill and Associates and James Stucco,
attorney, were present to discuss development alternatives for their phases 1 and 2
of Heritage Place Unit III (townhomes) .
Mr. Hemphill stated the land plan originally approved in December 1975 showed, in
the townhouse area, 43 units covering approximately 40,000 square feet, a subsequent
revision approved in October, 1977, showed 36 larger townhomes covering 39,345 square
feet, and the current request for revision shows 36 units coverning 39,865 square
feet. He reviewed each of these plans with the Board.
xi COMMITTEE OF THE WHOLE
NOVEMBER 13, 1978
PAGE FIVE
S.(
The Plan Commission reqport, dated October 18, 1978, recommends the following
approval : chance of the building line from 23' to 20' in Heritage Place, Phase 3,
Unit 3, Building 9. This change was suggested by the Commission as the means of
minimizing encroachment on the building line. The original building was not changed,
but merely shifted slightly west and south. The change was necessary because the
original drawing had a dimensional error in size of building. The plan would allow
the building to be built no closer than 20' to Burgess Court on the east. Otherwise,
the entire sturcture is entirely within the originally conceived 23' setback line
as identified in the original approved plan. They asked the Board to determine if
the matter should be referred to the Z.B.A.
Mr. Hemphill stated that since the Plan Commission meeting, they have developed a
revised plan. The building in the southeast corner of the development was angled
and made 10' narrower, thus changing setback from Arlington Heights Road from 39 '
to 41 ' and setback from the south property line from 30' to 34' . The setback from
Arlington Heights Road of the next building north was changed from 48' to 52' . The
Board and Plan Commissioners Harris, Sheldon, and Button reviewed the plan.
After discussion and a polling of the Board, it was decided that the new plan
presented this evening would be the approved plan. Mr. Hemphill signed and dated
this plan.
In response to a question from Mr. Fennell , Mr. Hemphill stated that he would
prepare a final plat of subdivision that would solve any easement problems.
ARLINGTON HEIGHTS ROAD (Between Lake Cook and Route 83)
Trustee Mendenhall stated that he has been advised that there will be no trees in
the median of Arlington Heights Road, between Lake Cook Road and Route 83, because
it is federal policy. He said this may be appealed, but it could delay the con-
struction of the road. It was noted that an appeal was made in order to plant trees
in the median of Dundee Road and that construction was not delayed. Mr. Balling was
asked to look into the matter.
INTERSECTION CHECKER DRIVE AND ROUTE 83
Trustee Marienthal felt the Village should go on record with Lake County to urge the
realignment of the intersection of Route 83 and Checker Drive/Busch Road as soon as
• possible. Mr. Balling stated he would prepare a resolution.
ST. MARY'S SCHOOL
Trustee Rech asked the staff to look into the possibility of a school speed zone and
a "no right turn on red" sign at Lake Cook and Buffalo Grove Roads for the safety of
children attending St. Mary's School on their way to and from school .
ADJOURNMENT
The meeting adjourned at 11 :45 P.M.
Verna CL layton, Village Cle r