1979-01-08 - Village Board Committee of the Whole - Minutes SUMMARY OF PUBLIC HEARING HELD BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD MONDAY, JANUARY R, 1979, AT THE
MUNICIPAL BUILDING, 50) RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS.
PUBLIC HEARING/ARLINGTON COUNTRY CLUB CONDOMINIUMS
The public hearing was called to order at approximately 8:40 P.M. by Village
President Edward A. Fabish.
Roll call found the following present: President Fabish and Trustees Rech,
Bogart, Marienthal , Mendenhall , Kandel . Trustee Stone was absent. Also
present were William Balling, Village Manager; William Raysa, Village Attorney;
William Davis, Director of Public Works; William Brimm, Finance Director; and
William Sommer, Assistant Village Manager.
President Fabish read the notice of public hearing that appeared in the Buffalo
Grove Herald on December 23, 197R. Subject of the hearing was a petition for
amendment to the annexation agreement for the Arlington Country Club Condominiums,
Ordinance #7R-45, to be in conformance with revised exhibits. Subject property
consists of 1100 feet on Dundee Road across from Cambridge on the Lake.
President Fabish swore in Edward L. Holzrichter who was present to give
testimony.
Mr. Holzrichter stated that Bernard Katz and Company have purchased his option
rights for the subject property. He then introduced Jerry Weiss of Bernard
Katz and Company; Gerald Tenner, attorney; and Zorack Rabin, architect. President
Fabish then swore them in as they also were to give testimony.
Mr. Rabin reviewed revised plans, dated January, 1979. He pointed out that
they have maintained the same basic building envelope and its placement on the
site. On the previous plan, there had been 56 parking spaces on the interior
and 46 parking spaces on the exterior of each building, but they changed that
to 54 on the interior and 48 on the exterior. The fire lane and access drive
to the garage will remain the same distance from the side property lines as was
approved in the previous plan. Originally, the east and west ends of the two
buildings had, from the parking lot, a fire lane that went around the buildinn
without any garage access on the extreme east or the extreme west end. They
added garage access at the extreme east end and the extreme west end so that
there would be garage entrance at each end of the two buildings in order to
reduce the activity at each entrance. In doing this, the width of the road had
to be enlarged, but it will be enlarged toward the building and not toward the
property line.
In response to a question, Mr. Rabin stated that the offsite sidewalk was moved
at the request of the Village of Wheeling in order to save some trees that were
planted in that location.
Trustee Bogart was concerned with the garage entrance on the extreme east side
because of the single family homes to the east. Mr. Rabin stated that berminct
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JANUARY 8, 1979
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and landscaping will be along the east property line which will shield the
single family residences. He said they will berm to any height recommended by
the Village. Trustee Kandel noted that the Appearance Commission would have to
review the landscaping plan again in light of the changes.
In response to a question from Trustee Rech, Joe Lake of George Anderson
Engineering, stated the storm water detention has not changed from the original
preliminary engineering plans, and the MSD permit has been approved.
Mr. Balling stated that the plans reviewed by staff had no change in ingress
and egress from the buildings, but the revised plans presented this evening
have that change. He said that ordinarily, the Board does not act on a change
of this nature until they have a recommendation from staff and the Plan Commission.
The hearing this evening was called to discuss administrative matters such as
clarifying the disconnection provision, the timing of the cash contribution to
the Park District, and the change to the interior floor plans. He said a change
in land plan would require a review by the Plan Commission.
In response to a question from Trustee Rech, Mr. Holzrichter stated that he had
not yet exercised his option to purchase the property. Trustee Rech then
referred to Paragraph 29 of the annexation agreement which stated if the
developer failed to consumate the purchase of the property within four months
of execution of the agreement, the property would be disconnected from the
Village. Mr. Holzrichter stated that he did not receive his official zoning
until October 16.
Mr. Rabin then reviewed the floor plans. He noted that the garage area was in
two parts, divided by an area for building equipment, refuse, elevator equipment,
and a health club. Each building will contain eleven 1 bedroom units and forty
2 bedroom units instead of the thirteen 1 bedroom units and thirty-eight 2 bed-
room units previously approved.
Mr. Rabin reviewed the front elevation of the building. He stated that the
grading of the site was established so that the east building was at an elevation
of 101 ' top of foundation and finished floor and the west building was at an
elevation of 102 '. In order to get into the garages, they would have to go
down 9' to 10' and provide ramps and slopes to accommodate the drive down. The
building height is approximately 3R' and the code allows 45' ; therefore, he
proposed to raise the building approximately 4' to 5' , giving a building height
of 43' , which would permit them to install a more workable ramp. In response
to questions from Trustee Rech, Mr. Rabin stated that they would conform with
the height limitations and definations of the Zoning Ordinance and still try
to maintain the building as much out of the ground as possible. He said they
would not be asking for a variation of the height limitation.
Mr. Tenner reviewed the proposed amendment to the annexation agreement. He
referred to Section 2 regarding paragraph 29 of the annexation agreement, and
stated that Mr. Katz has requested a period of one year to file petition for
disconnection in the event the purchase is not consumated. Mr. Balling stated
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that the requirement for a 10 year maintenance bond for the tree line along
Dundee Road should be contained in the amendment. Mr. Tenner agreed. Mr.
Balling stated that the Park District contribution must be donated by April 1 ,
1979, to assist in the Park District 's federal grant application. Mr. Tenner
said this presented no problem.
Mr. Tenner stated that the annexation agreement provides that the plan of
development and the base grade elevation can be amended by the. Village Board.
He said they must have their approvals this month in order to exercise their
option on the property. The Board felt they wanted input from the Plan
Commission and the Appearance Commission with regard to the change in plan
before acting on this matter. They asked that the Plan Commission try to
schedule this review for January 17, and the Appearance Commission to schedule
the review for January 18, and the Village Board would consider it at a special
meeting on January 22, 1979.
Moved by Bogart, seconded by Mendenhall to continue the public hearing to
January 22, 1979, at 7:30 P.M. Upon roll call , the motion passed unanimously.
The public hearing was closed at 10:15 P.M.
Verna L. Clayton, Village Clerk
SUMMARY OF PUBLIC HEARING HELD BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD MONDAY, JANUARY 8, 1979, AT THE
MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS
PUBLIC HEARING/SANTORO PROPERTY
The public hearing was called to order at 7:35 P.M. by Village President
Edward A. Fabish.
Roll call found the following present: President Fabish and Trustees Rech,
Bogart, Marienthal , Mendenhall , Kandel . Trustee Stone was absent. Also
present were William Balling, Village Manager; William Raysa, Village Attorney;
William Davis, Director of Public Works; William Brimm, Finance Director; and
William Sommer, Assistant Village Manager.
President Fabish read the notice of public hearing that appeared in the Buffalo
Grove Herald on December 23, 1978. Subject of the hearing was a petition for
amendment to the annexation agreement, dated June 8, 1970, by and between the
Village and Wheeling Trust and Savings Bank, as trustees under Trust #723, to
provide for conformance with B-5 zoning requirements. Subject property consists
of 2.6 acres located at the intersection of Lake Cook Road and Route 83.
President Fabish swore in Salvatore Santoro, one of the owners of the property,
who was present to give testimony.
Mr. Santoro introduced his legal counsel , Mrs. Catherine Anagnost. He said
that on November 20, 1979, he appeared before the Village Board requesting an
extension of the B-2 zoning on the remainder of the property at the northwest
quadrant. In using the term "remainder", he referred to the fact that 4 acre
was removed from the annexation agreement through the permanent zoning nranted
by the Village as a result of the issuance of all necessary permits for the
construction of a Shell Oil Service Station. He said he originally requested
an extension of the annexation agreement for 14 years, but a 6 month extension
was granted. He then referred to the amendment agreement prepared by the Village
and had the following comments:
1 . Lot 1 (Shell Oil Station) should be excluded from the agreement since it
was removed and has a separate plat of subdivision.
2. Paragraph 2 states the sole use of Lot 1 would be a service station.
He felt this was intolerable because at some time in the future, they
may need another use for that lot. He asked for all uses in the B-5
zoning district plus the special use of a service station.
3. Paragraph 3 calls for the remainder of the property to be developed
pursuant to a site plan that shall conform to the concept of and be
compatible with the B-5 zoning district. He did not object to that,
but he did object that conformity and compatibility should be in the
sole discretion of the Village.
4. Paragraph 4 stated ingress and egress over the remainder and to the
B-5 district shall be provided by the owner at the Village's direction
and that placement of said public r.o.w. shall be at the Village's sole
discretion. He objected because this would give no room for what could
be done as it relates to the overall development of B-5. He stated that
he acquired the access to Lake Cook Road as part of the condemnation award
from Cook County.
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5. Paragraph 6 states that the remainder shall be rezoned to the B-5 zoning
district with such uses and restrictions as the Village may determine.
He objected to this because he felt they should be able to have any use
in the B-5 zoning district.
6. Paragraph 9 states that if the property is not rezoned to B-5 prior to
June 1 , 1979, the property would revert to R-1 , and that the agreement
would act as owners petition to rezone to R-l . He stated that if the
Village wishes to let this property revert to R-1 , it will be on their
own recognizance rather than he joining in as a petitioner.
Lengthy discussion took place regarding the zoning of Lot 1 (service station) .
It was explained that if the use ceased to be a service station, he would have
to petition the Board for a change in use pursuant to a site plan as required
in a B-5 zoning district. Mr. Santoro requested Paragraph 2 be changed to give
him the right to the various uses of B-5 based on a site plan presentation.
Mr. Raysa pointed out that B-5 zoning requires Village approval of a site plan,
not approval of use. Trustee Rech noted that if the Board grants Mr. Santoro's
request, the Board will not be able to decide the use of the property to implement
the Town Center concept.
Mr. Balling stated that the general development plan for the Town Center will be
complete by June 1 , 1979.
Mr. Santoro requested that the original annexation agreement be extended until
June, and he would petition for B-5 zoning at that time. He stated that he has
agreed in writing that he will do this, and at this time, he further agreed that
if he sold the property before then, he would make the necessary agreements to
be covered by B-5 zoning. For this reason, it was decided to extend the original
annexation agreement to June and deal with the amendment at that time.
There were no questions from the audience on this public hearing.
President Fabish closed the public hearing at approximately 8:40 P.M.
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Verna L. Clayton, Villa Clerk