1983-07-25 - Village Board Committee of the Whole - Minutes `/
SUMMARY OF COMMITTEE OF THE WHOLE OF iE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, ILL )IS, HELD MONDAY, JULY 25, 1983, AT
THE MUNICIPAL BUILDING, 50 RAUPP BOL /ARD, BUFFALO GROVE, ILLINOIS.
President Clayton called the meeting ) order at 7:35 P.M. Roll call
indicated the following present: Pr dent Clayton; Trustees Marienthal ,
Stone, O'Reilly, Hartstein, Glover a Reid. Also present were: William
Balling, Village Manager; William Ra 1, Village Attorney; James Doyle,
Assistant Village Manager; James Tru ell , Village Planner; Gregory Boysen,
Director of Public Works; Richard Ku ler, Village Engineer; and Paul
Kochendorfer, Village Treasurer.
PUBLIC HEARING - Cedar w Residential
President Clayton noted that the sub• t for discussion this evening is the
Cedar View Residential ; she then rea( he Notice of Public Hearing which was
published in the Buffalo Grove Heralc n July 9, 1983.
President Clayton called the Public F ring to order at 7:37 P.M. ; she then
stated the purpose of the Public Heal 3 and swore in the following persons
who were to give testimony: David H< :r, Joseph Koenen, Jack DiClementi ,
and Jon Nelson. Mr. Haller stated th the project being presented for
consideration is the Cedar View Manor mes located on the south side of Dundee
Road, with the land plan being preser i by Johnston & Associates.
Mr. Jon Nelson, of Johnston & Associa stated that they are proposing a
request for annexation of approximate 14 and 1 /2 acres located approximately
600' south of Dundee Road, between Bu ilo Grove Road and Arlington Heights
Road. The property is rectangular in ape, approximately 500' in north/south
direction, and approximately 1/4 mile length. The architectural type is a
manor home, which, in this case, is a story condominium building with one
unit living on the first floor, and a her unit living on the second floor.
Mr. Nelson then displayed some archit ural drawings of the proposed product.
The unit is designed as a 4 and 8 uni uilding; each unit has an attached one-
car garage with direct access from th arage to the unit; each unit is provided
with an individual entry. Mr. Nelson ated that they have broken up the roof plane
in the front by a dormer effect, and y have tried to achieve architecturally a
two-story building which will appear to one and one4half story from street level .
The subject property is bounded on the itire west and south by Arlington Heights;
it is contiguous to the Village of Bul to Grove across the entire north boundary
line, and the east boundary line abut! iincorporated Cook County. The existing
land uses which occur around the subje property are the Continental Bank of
Buffalo Grove; the Buffalo Grove Fire :ion; the Kingswood Methodist Church;
a vacant piece of land which is owned the same developer, R & S Development
Company, which has been annexed under 1-3 classification for an office use;
an R-5 district of Cook County with a igle-family subdivision; the Northgate
Subdivision in Arlington Heights; Frenchman 's Cove development in Arlington
Heights, which consists of a series of multi-story mid-rise buildings and single-
family homes; and a park site currently deeded to the Village of Arlington Heights,
but in the Village of Buffalo Grove Park District, and there are provisions being
COMMITTEE OF THE WHOLE
JULY 25, 1983
PAGE TWO
made to make certain improvements necessary for that park site so that it will
be acceptable to the Village of BuffaloGrove Park District and possibly' be
dedicated over as was originally anticipated.
The subject property has only one primary means of access, which occurs along
the eastern boundary of the property, through an existing right-of-way which is
called Three States Boulevard, which changes to Golfview Terrace north of the
subject property. There are two other potential road locations which exist for
any form of secondary access to the site, i .e. Page Road, and an unimproved
right-of-way for Dun-Lo Avenue. They have investigated all alternatives to be
achieved to provide more than one access to the site, but were not successful
in that area.
In concept, this plan would comply with the Buffalo Grove Comprehensive Plan,
and the boundary agreement between the Village of Buffalo Grove and the Village
of ,Arlington Heights. They are proposing a 132 unit condominium development,
with 4 and 8 unit buildings , and a gross site density of 9 units per acre. The
density is below the 10-13 units per acre provided for in the boundary agreement.
The boundary agreement designates a two-story townhouse building, but it does
not define a townhouse building, and neither Arlington Heights nor Buffalo Grove
has given the developer a definition of a townhouse. There are numerous defini-
tions of a townhouse. Mr. Nelson stated that it is his contention that a town-
home is an attached single-family home which has its own entrance.
The land plan has been developed with a public road system, with one exception.
They are proposing a reduction in the right-of-way, reducing the right-of-way
from 60 ' to 54' , taking the sidewalk which would normally occur on one side of
the street and integrating that in connection through the green belt, thereby
having a sidewalk on only one side of the street. This property, with its limited
access, is essentially a cul-de-sac in nature; they have eliminated as much of
that as they could by providing two access points, and have supplemented that by
providing for emergency access which would occur through the easement of Kingswood
Methodist Church and connect directly to the Fire Station property. All other
capability to extend this road system to eliminate any excessive length cul-de-
sac has been eliminated by the nature and restrictiveness of the site; because
of this, they are requesting a variation on cul -de-sac length to accommodate the
development of this piece with the only access occurring along the east property
line.
All of the standards within the development conform to the Subdivision Regulations,
with the exception of the right-of-way and the sidewalk variation, and the length
of the cul-de-sac. The storm water system will occur along the east property
line in the form of a dry detention basin. Mr. Jack DiClementi explained the
landscaping program for the site. They are planning a berm of 5' to 6' between
the single-family homes and the proposed development. Mr. Joseph Koenen, pointed.
out the dry detention basin on the easterly portion of the site; at the present
time, the majority of the site drains from the west to the east, with a drainage
outlet down the ditches of Dun-Lo Avenue. The proposed drainage will be from
the west to the east to the dry detention basin, which will capture all rainfall
L./ run-off in excess of a storm which has been established through design between
the developer and the Village staff. Mr. Koenen stated that the problem that
Y
COMMITTEE OF THE WHOLE
`./ JULY 27, 1983
PAGE THREE
they have is that all of the proposed development area , plus a portion of the
Northgate development, and most of the area to the north of the project up to
Dundee Road drains on down through Dun-Lo Avenue through the ditches through
culverts which are not adequate to handle the run-off from this area; the
run-off ultimately goes into a storm sewer to the east and down on into the
creek. The entire downstream drainage system from this development is not adequate
to handle the run-off from the present area, without any further development.
They did an in-depth study of the capacity of the drainage structure to the east
of the development, and it was found that the total run-off from the new develop-
ments could be eliminated under any storm condition at the rate of 1 cubic foot
per second, without any adverse effect. As a result, the detention basin for the
office site, the detention basin for the manor homes, and the detention basin for
the highway, working in concert, will discharge a total of 1 cubic foot per
second. There are storm sewers within the development which will pickup the
local drainage and conduct it on down to the corner of Dun-Lo Avenue and Three
States Boulevard. There is no effect whatsoever from this development on
Northgate to the south, since the Northgate lots are higher than the proposed
development.
Mr. Steve Goldspiel , representing the Buffalo Grove Plan Commission, and Mr.
Dennis DeLance representing the Buffalo Grove Park District stated that they
had no comments at this time.
Mr. William Warnock, attorney for the Village of Arlington Heights, stated that
he was directed by the President and Board of Trustees of the Village of Arlington
Heights to express their concern and objection to the development of manor homes
on this property. Mr. Warnock referred to the Intergovernmental Cooperation
Agreement between the Village of Arlington Heights and the Village of Buffalo
Grove which was approved in May of 1976, and noted that the Agreement states
that the property should be developed with townhouses . Mr. Warnock also referred
to the definition of a townhouse, stating that it is a single-family dwelling
which is attached by a common wall ; he submits that the proposed development
is a flat over a flat, which is more akin to an apartment than it is to a
townhouse. He stated that a townhouse has a separate entrance at ground level ,
which the proposed building does not. Mr. Warnock read from a letter sent to
the Chairman of the Arlington Heights Plan Commission by the Village Manager of
Buffalo Grove on September 8, 1978, and referred to the sanctity of the
Intergovernmental Agreement. Mr. Warnock stated that the reason that
Arlington Heights is before the Village this evening is that they are concerned
that the type of development that Mr. Haller proposes is not consistent with
the mutual objectives outlined in the Intergovernmental Agreement. Mr. Warnock
also pointed out that the Arlington Heights Village Attorney, Mr. Jack Siegal ,
has rendered an opinion that the proposed development would not comply with
the Intergovernmental Agreement. Mr. Warnock also pointed out that this develop-
ment passed the Plan Commission by a very slim majority, which would indicate
that there was less than unanimous support within Buffalo Grove's own advisory
body.
COMMITTEE OF THE WHOLE
JULY 27, 1983
PAGE FOUR
There were no school districts present to make a presentation.
Mr. Raysa stated that he has previously talked with Mr. Warnock, and he then
commented on the various issues raised by Mr. Warnock:
1st Issue: Regarding the Plan Commission of 3 ayes, 2 nayes, and 2 abstentions,
Mr. Raysa pointed out the section of the Buffalo Grove Municipal Code
which states that a majority of the quorum will prevail ; therefore,
it is his opinion that the 2 abstentions would count as if they had
voted with the majority side.
2nd Issue: Regarding the Boundary Agreement , Mr. Raysa referred to his letter
of April 15, 1981 which stated that it is his opinion that the
Boundary Agreement is not a binding document on the Village of
Buffalo Grove. Mr. Raysa also referred to the Village Board minutes
of March 15, 1976, at which time the Boundary Agreement was approved,
where Trustee Bogart stated that the Agreement would not be binding,
but that it was a statement of intent by the Village of Buffalo Grove.
Mr. Raysa stated that there has already been non-compliance with
the Boundary Agreement, which relates to the Happ Farm.
3rd Issue: Mr. Raysa stated that, assuming the Boundary Agreement is valid,
it is his opinion that the most important words in the Agreement refer
to the density, which state 10-13 units per acre, with the adjective
referring to the type of housing, or townhome. The definition of
townhome is "Urban Planning and benign Criteria", in effect, calls
the subject building a row house', and says nothing about ownership
being up and down.
4th Issue: Regarding whether the density issue refers to gross acreage or
net acreage, it is Mr. Raysa's opinion that the density formula
in Buffalo Grove is the gross acreage.
Mr. Raysa again referred to his April 15, 1981 letter, and stated that the two
cases noted therein, are 1980 cases, which interpret boundary line agreements
prior to 1970. The 1970 Illinois Constitution, Article VII , Section 10, broadens
the language regarding intergovernmental agreements. The Arlington Heights/Buffalo
Grove Boundary Agreement is a 1976 agreement, and, therefore, would be covered
under the 1970 Illinois Constitution. It is 'Mr. Raysa's opinion that zoning
is a legislative function by which the Board must operate, rather than by a
boundary agreement.
Mr. William Ward, attorney for Mr. Haller, stated that he totally agreed
with Mr. Raysa.
President Clayton read a petition presented from a number of Arlington Heights
residents objecting to the annexation and the zoning. Since the petition is
from 20% of the owners of property adjacent to the subject property, the petition
would cause that a vote on the zoning ordinance itself would require a 2/3 vote
COMMITTEE OF THE WHOLE
JULY 27, 1983
PAGE FIVE
of the Trustees then holding office, which would be 4. The Annexation Agreement
requires 5 affirmative votes .
In answer to a question from Trustee Hartstein, regarding accumulation of water
on the south side of the berm, Mr. Koenen stated that the proposal for that area
is to intercept that drainage in the rear-yard swale of the Northgate homes,
and either put in inlets or open the berm at certain spots for the water to
fit into the interior drainage system. There would be no water trapped in the
south side of the berm. The swale will be designed to carry severe storm
accumulation down to the drainage facility. The single-family homes are
approximately 5' above the proposed development. Trustee Hartstein stated
that he finds that approach to be unacceptable, in view of the potential for
the accumulation of water along the residential property. He said that, in
similar situations, underground drain tile has been provided for, so that
there would not be an accumulation of water in an open swale. Mr. Kuenkler
stated that this is not unlike any other development; the Village does not
allow ponding IgreaTer than 8" in depth; Chatham Manor is a good example of
this type of drainage. Trustee Hartstein stated that by putting the berm in
place, a blockage is created, and diverting the natural drainage.
Trustee Hartstein stated that it is his opinion that Buffalo Grove entered into
the Boundary Agreement in good faith, and that whether the agreement is enforceable
or not, he thinks the Village has an obligation to a .neighboring community to
which the Village should adhere. Trustee Hartstein stated that he tends to agree
with Mr. Warnock that the Village is governed by the intent of the Agreement; he
also agrees with Mr. Raysa that this plan complies with the spirit of the
Agreement with regard to the density; he does not believe that, in a technical
sense, this plan does not comply with the understanding of a townhome. Mr.
Hartstein stated that the developer has done a commendable job in trying to
work with this project. Trustee Hartstein stated that he does not believe this
plan is acceptable in any form unless there are more access points; he believes
that Dun-Lo Avenue would be the least objectionable avenue to pursue for
additional access. Trustee Hartstein is not in favor of the variations which
are being requested, particularly the one regarding the length of the cul-de-
sacs.
Trustee Marienthal stated that he shared many of the concerns voiced by Trustee
Hartstein. Trustee Marienthal questions the benefit of this development to the
Village. Trustee Marienthal stated that this plan basically scales the previous
plan down from a 3-story structure to a 2-story structure; he is uncomfortable
with the housing type; he does not approve of the street plan; he would like to
see the developer present an overall plan, incorporating the B-3 to the north,
and see if there can be any integration; he is not in favor of the private
streets; he is not in favor of the 20' streets; he does not believe the fire
lane is adequate for the heavy equipment; h.e shares Trustee Hartstein's view
regarding the underground drainage; and he is not in favor of the length of
the cul-de-sacs. Trustee Marienthal stated that he has proposed moving the
one-story office buildings further back to comprise a campus effect, and putting
✓� another use on the front property.
COMMITTEE OF THE WHOLE
L JULY 27, 1983
PAGE SIX
Mr. Haller responded to some of the points which have been raised: he stated
that placing 10-13 townhouse units to the acre on the property would not present
a quality product; he stated that if underground drainage is required to meet
Village standards, it is a minor situation; the reason that this product is
attractive is because it allows for additional green space; the Agreement would
allow 900 to 1 ,000 square foot units which would sell for $45,000-$50,000 each;
with regard to placing office space on the site, the problem would be marketing
same on the site; with regard to the access points, Mr. Haller stated that he
had no control over the possible access points. Mr. Haller stated that they
have tried to put forth a quality project with nice homes which will have a
nice effect in the area, and buffer the area, even to the point of making
additional donations to enhance the park, so that Buffalo Grove is a nicer
place to live.
Trustee O' Reilly is also concerned about the access, and stated that without
intergovernmental cooperation, the access cannot be improved; she is concerned
about the outside stairs on the upper units, and is concerned about fire safety
both on the internal and the external stairways. Mr. Truesdell stated that the
Fire Department has reviewed the specific land plan, but they have not reviewed
the building type; however, any building constructed would have to meet the
appropriate fire codes in the Village of Buffalo Grove. Mr. Balling stated
that there is a similar building in the Village being built in the Hidden Lakes
Subdivision, and those plans have been reviewed and approved by the Building
Department. Mr. Jon Nelson stated that this plan is essentially no different
than a split or bi-level home condition. Trustee O'Reilly stated that she
would also like to see more information on the proposed swale, as she is con-
cerned that the berm would be blocking the storm water.
Trustee Glover stated that he is aware of the ,alternatives which have been
proposed for this difficult site, and he is also aware that many problems have
been resolved a.t the Plan Commission level , and he thanked Mr. Haller for
working to resolve these problems. Trustee Glover asked the distance between
the end of the cul-de-sac and the fire lane; Mr. Nelson stated that it is
approximately 600' . Trustee Glover stated that he does not see a major problem
with the 54' right-of-way rather than the 60' right-of-way; he does not have a
problem with the sidewalk being placed on only one side of the street, since the
added green space would provide adequate pedestrian walk space; he sees the
intergovernmental agreement as serving to uphold the mutual desires of the
citizens of both Villages , but he does not see any advantage to having 10-13
townhomes to the acre versus what is being offered in the proposed plan; he
thinks the two Villages need to work together to solve the traffic and access
problems.
Trustee Stone concurs with much of what has been stated this evening; he asked
Mr. Haller to expand on the temporary emergency access. Mr. Haller stated that
the permanent emergency access depends on where in the design of the bank that
an emergency ingress/egress area can best be located; they are working with
the bank to come up with something of a permanent nature.
COMMITTEE OF THE WHOLE
JULY 27, 1983
PAGE SEVEN
President Clayton again referred to the petition received this evening. Mrs.
Sharon Adams of 3240 Volz Drive, Arlington Heights, Trustee and Director of
the Village Planning & Zoning for the Northgate Civic Association, read a
statement representing the objections of the Northgate residents to the proposed
development. The points raised in Mrs. Adams ' statement were, the intergovernmental
agreement being upheld; the fact that the agreement designates that townhouses be
built; the lower prices of the proposed units; the fact that the office space has
not been developed, and the residents are, therefore, concerned about the
completion of the residential ; and the fact that the Mill Creek residents wrote
a letter to the Board earlier this year suggesting lower density, and different
housing types which would be agreeable to Arlington Heights.
Mr. Dean Yen of 1511 Valente Lane in Arlington Heights also pointed out the intent
of the intergovernmental agreement, and supported the definition of a townhome
being a row house. Ricky Cohen , a Northgate resident, stated that morally Buffalo
Grove and Arlington Heights have a responsibility to do the right thing, and the
residents of those Villages must live with each other long after the developer is
gone. Mr. Jay Siegel of 2803 Windsor in Arlington Heights, stated that this
development is simply a disguise of an 8 unit, multi-family type dwelling and
is short of the type of housing that a townhome has always represented; he
also stated that any plan approved must have proper access. Mr. Dave McDonald
of Buffalo Grove stated his concern over the traffic which the density of this
development will create.
Mr. Goldspiel commented on the Plan Commission recommendation: the owner of the
land is entitled to the highest and best use of that land; in making planning and
zoning decisions, the Village must go in accordance with the Comprehensive Plan;
he reviewed the other methods of access which had been explored ; with regard to
the vote at the Plan Commission, Mr. Goldspiel stated that Mr. Davis voted
against the development because of the Boundary Agreement, and Mr. Krug voted
against it because he wanted to see sidewalks on both sides of the street, but
did not object to the use or the concept of the plan; regarding the housing
type, Mr. Goldspiel stated that this is a more desirable type of a unit for
this property than some townhouses.
President Clayton closed the Public Hearing at 9: 38 P.M.
RECESS
President Clayton delcared a recess from 9:38 P.M. until 9:55 P.M.
Mr. Kuenkler explained the swale along the south property line, stating that all
the homes in Northgate sheet flow onto the proposed property; when the buildings
are constructed, an intercepting swale will have to be constructed. If there
are berms constructed, the sheet flow will have to be intercepted and graded
and swaled down to points of inlet. There will be no depth of water unless
the maximum design system of the storm system is exceeded, and this would not
be ponding water, buy flowing water. The berms would have to have inlets to
allow the water to flow through.
COMMITTEE OF THE WHOLE
JULY 27, 1983
PAGE EIGHT
Trustee Marienthal reiterated his concern with two areas which are shown on
the plan as driveways , but which he considers to be streets; he also stressed
the previous points which he had made.
Mr. Haller stated that this is not a particularly large development, and will
not actually create a great deal of traffic; he pointed out that Frenchman's
Cove is a much larger development. Mr. Haller pointed out that the type of
unit being proposed is expected to be 40-50% filled with "empty-nesters", where the
one-story unit is an advantage to that age group; he does not think that adding
that type of resident to the area will create a problem. Mr. Haller then
explained that the off-site improvements and expenses which he has incurred
are the reason that the office development is not yet under way, and that it
will be financially beneficial to him to construct both projects simultaneously.
In answer to a question from Trustee O' Reilly, Mr. Haller stated that, at this
point, it is not his intent to change the approved office plan. The reason that
the office is being developed on that site is because it brings in the least
amount of traffic.
Trustee O' Reilly asked if the temporary fire access which is covered in
Paragraph 32,G, could be changed to require a permanent access. Mr. Balling
stated that he has talked with bank personnel , and they are willing to
cooperate with the Village, but they are not at a point in planning where
they want to commit to anything on the site as far as easements. The Village
is not willing to commit to permanent access through the Kingswood property,
since it does not appear to be quite as advantageous to the Village as the
bank access would be. Mr. Haller does have the obligation to keep the easement
in full force and effect until a permanent easement becomes available. Mr.
Raysa stated that Mr. Balling's interpretation was correct.
Trustee O'Reilly questioned the unique aspect of this developer donating
improvements to the Frenchman's Cove Park, and asked if there was any problem
if Arlington Heights does not convey that property to the Park District, Mr.
Raysa referred to Paragraph F, stating that if the property is not conveyed,
the improvements do not have to be made. Mr. Truesdell stated that the Village
would have no authority to require Mr. Haller to improve the property unless
it is given to the Buffalo Grove Park District.
Trustee Hartstein referred to Paragraph 19 on Pages 13 and 14 of the Annexation
Agreement, regarding the Declaration of Condominium. He stated that this
paragraph specifies that, if the property is submitted to the Condominium Act,
the Village has the right to enforce covenants or obligations of the Association
as defined in the Declaration. Trustee Hartstein stated that he assumes that
the intent of the such language is that there be specific obligation of the
Association to maintain the common areas ; however, as it stands now, it does
not specify what those obligations would be. Mr. Hartstein suggested that,
with regard to any such maintenance, the Annexation Agreement provide that no
such Condominium Declarations may be recorded unless it contains a provision for
same, so there would be a basis for voiding any Declaration which did not contain
such language. Mr. Raysa stated that he would make the suggested changes.
COMMITTEE OF THE WHOLE
JULY 27, 1983
PAGE NINE
Mr. Raysa pointed out minor changes which he had made in the Annexation
Agreement. Mr. Raysa also referred to Paragraph J , stating that, if the
Boundary Agreement is upheld, he does not know what a judge would rule. If it
were ruled that only 10-13 townhomes per acre could be built, the property is
already annexed to the Village, and Paragraph J reads that the owner shall
build not to exceed 132 townhomes and submit a new preliminary plan for
approval by the Village. Mr. Raysa stated that since the property would
already be annexed to the Village, the owner could file a rezoning suit if
they did not approve a plan showing 132 townhomes.
Trustee Marienthal stated that he had talked with Mr. Raysa regarding the two
driveways which he considers to be streets. Mr. Raysa stated that, after
talking with the Village Engineer, he would define those two ardas as driveways,
and he does not think there is a need to tighten up the language in the
Agreement.
President Clayton polled the Board: "Yes" indicates favor of having the Village
Attorney put the Annexation Order and the Annexation Ordinances and Zoning
Ordinance in final form for action by the Board on August 1 , 1983; "No" indicates
opposition:
YES: Stone, O'Reilly, Glover, Reid, President Clayton
NO: Marienthal , Hartstein
President Clayton indicated her reasons for voting "Yes": she agrees with the
comments made tonight, and agrees that the Boundary Agreement is an agreement
with another Village, whether it is binding or not, however, she thinks that
this product does meet the intent of the Boundary Agreement. With regard to
access, President Clayton would also like to see more access points; however,
she thinks that this plan has been done as well as possible without the cooperation
needed to open up a second access point. President Clayton stated that she thinks
this will be a good development .
Trustee Hartstein stated that his primary concern was allowing the Village to
add to a continuation of a problem which already exists along Dundee Road,
further development of a property which creates an island unto itself, and
with the fact that there are legitimate questions with regard to honoring an
agreement which was entered into with good faith.
ADJOURNMENT
Moved by O'Reilly, seconded by Stone, to adjourn the meeting. Upon voice
vote, the motion was unanimously declared carried. The meeting was adjourned
at 10:30 P.M.
Janet M. nra-lan, Village Jerk