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1979-10-17 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION B-5 ORDINANCE OCTOBER 17, 1979 Chairman Shields called the Hearing to order at 7:40 P.M. at the Municipal Building, 50 Raupp Boulevard. Commissioners Present: Chairman Shields Mr. Goldspiel Mrs. Sheldon Mr. Davis Mrs. Reid Mr. Glover Commissioners Asbent: Mr. Button Mr. Shifrin Also Present: Mr. Carl Genrich, BDDC Mr. Howard Mendenhall, BDDC Mr. Bob Katz, Brim/Braun Associates Mr. Bill Sommer, Assistant Village Manager Mr. John Marienthal, Village Trustee Mr. Bart Delaney, Staff Coordinator Mr. Jim Truesdell, Staff Planner Mr. Burt Harris Chairman Shields stated that the purpose of this Hearing is to establish an ordinance for the Village Center. The property set aside for the Village Center is a parcel surrounded by Lake-Cook Road, Route 83 and Buffalo Grove Road. The Plan Commission has met with the Business District Development Commission (BDDC) and the consulting firm of Brim/Braun Associates and has come up with the draft ordinance being presented tonight. Mr. Truesdell stated that the Village has designated the subject area to be a Village Center consisting of multiple use areas of - high density residential, commercial and office areas. The north portion has been designated residential, the central portion is to be commercial, and the southern portion to be office with some specialty commercial. The entire area is to be linked together by a collector road system, open space and pedestrian walkways. Mr. Truesdell stated that Commission would be looking at the ordinance and also the plan. Mr. Truesdell stated that, in going over the minutes of a workshop held on October 3, some of the Commission's changes had not been included in the draft dated 10-3-79. On Page 3, omit D. 4. Museums, not-for-profit Page 3, D. 6. , should read, "Public Offices of Federal, State, County or Local Governments Buffalo Grove Plan Commission Public Hearing October 17, 1979 -2- Page 22, Item #16, had been changed in the minutes to read, "Statement of any specific variations", but Mr. Raysa says the current ordinance has no provision for variations and he would like to see this ordinance stay as it is and not make room for variations. If any kind of plan was proposed that looked like it needed a serious change to the ordinance, it would have to become an amendment to the ordinance. No. 16 is still in the ordinance and the Commission will have to recommend that it be omitted. Page 4 lists Special Uses, but there is no provision in the ordinance on how a person would go about obtaining a special use. Mr. Raysa felt the Commission could do one of two things. Either put in this section of the ordinance what someone would have to do to be allowed a special use, or refer back to the Zoning Ordinance, Article 6, Section 4. The second option is the one the Staff recommends. Mr. Truesdell stated he also discussed with Mr. Raysa, the requirements for minimum lot size. It was discussed at the workshop that once the initial 5 acre minimum was annexed, someone coming in after that should be able to use the already-zoned 5 acres in their total. Mr. Raysa recommended to leave the ordinance as it is, requiring everyone to have at least 5 acres so we could stay within the intent of the ordinance to provide a unified development. If later on, we find we have a lot of small leftover parcels, we may find it nec- essary at that time to make an amendment to the ordinance. Mr. Truesdell stated Mr. Raysa recommended that the Table on Page 6 should just have a Table No. put on it for identification. Mr. Truesdell stated that Mr. Raysa would like Page 9, 7.4.1. A, reworded. It refers to a checklist and Mr. Raysa felt that was misleading because it implied there was actually a checklist. Mr. Truesdell stated that Page 10, 7.4.1. D, Mr. Raysa felt that rather than specifically pointing out the various ordinances, it should read, "The pro- visions of this ordinance as well as all ordinances and codes of the Village of Buffalo Grove except as specifically modified herein." On Page 12 regarding landscaping, Mr. Raysa also felt that should be tied into the text with a Table No. on it. On Page 25, Section 7.7, No. 1, Time Limit, Mr. Raysa felt a motion, rather than a resolution, sufficient would be 1 f icient and suggested the wording be changed. On Page 26 under "Village Board Action", that procedure is incorrect. The ordinances are drafted up for annexing property after approval of the Prelimin- ary Development Plan. By the time we get to the Final Development stage, it has already been zoned and annexed, so there should be a period after ". . . in conformance with the Preliminary Development Plan." The rest of the sentence Buffalo Grove Plan Commission Public Hearing October 17, 1979 -S- will have to be worked in under the Preliminary Development Plan section. Page 27 under Time Limits, omit the words "or no use has been established", be- cause by that time, a use would have been established. In the same sentence, Mr. Raysa also recommended omitting the words "the Special Use for" because under the B-5 Ordinance, this is not a special use. Page 27 under "Compliance with Regulations", the first sentence should read, "Failure to comply with the conditions and regulations shall be cause for. . ." . At the end of this paragraph is a blank. Mr. Truesdell stated that the staff is recommending it read, "a 21 day period." Mr. Truesdell stated that at the last meeting, it was requested that the Appearance Commission submit their recommendations. It was noted that no representative of the Appearance Commission was present. It was decided to table discussion regarding this until later to see if Mr. Don Hardt would arrive later. Mr. Truesdell stated that the plan and the ordinance are not separate documents. The plan is tied in to the ordinance and will become a part of the ordinance. Mr. Genrich stated that he feels the public and the Plan Commission should be aware that the draft you have is the document the BDDC reviewed more than once and they are in general support of it and recommend the document that the Plan Commission has. He said they should be aware the Village, Staff and Board gave a lot of thought on how the review procedure would work and the decision was made that the BDDC would not be the detailed review agency and that the devel- oper would come before the Plan Commission as all other developers do, but the developer would also have to get with the BDDC on general use. Then the BDDC would make a recommendation to the Board and they would refer the developer to the Plan Commission where a detailed plan would be required. Mr. Genrich stated that the key point of the plan is there is some good logic for the planning shown, but if someone came in with a different general plan, they would not be precluded from building it, but it would be more rigid for someone who wants to develop a small parcel. After a question from Commissioner Goldspiel, Mr. Truesdell explained the color coding of the plan. Red - Commercial Brown - High density residential Pink - Recreational, i.e., bowling alley, roller skating, theater Green - Public area Buffalo Grove Plan Commission Public Hearing October 17, 1979 -4- Orange - Office Lighter Green - Open space Mr. Truesdell stated that a change in plan would be considered but would need an amendment to the plant c-146,-;.42c e , ,,_GU % ' Commissioner Davis asked what school district the Village Center would be in. Mr. Truesdell said it would be in Elementary District 102 and High School Dis- `/ trict 125. Mr. Truesdell went through the letter from Mr. Hardt of the Appearance Commission, dated October 9, 1979. There was some concern regarding the Plan Commission reviewing the signs and landscaping. The Commissioners felt they were not qualified. Mr. Katz said Brim/Braun Assoc. would review the signage and make a recommendation to the Plan Commission. Commissioner Goldspiel asked why the Appearance Commission was not included in the review. Mr. Truesdell said this was done to expedite the plan review. He stated that it was originally suggested to omit the Plan Commission also, but Mr. Raysa said that could not be done. Mr. Genrich stated that we wanted a pretty tight review to make sure each parcel is compatible. Commissioner Goldspiel stated that the Appearance Commission has done an excellent job throughout the Village and has gained expertice in coordinating everything. Now we will have to educate ourselves to do a job for which we already have a Commission available. Although we have a consulting firm to review appearance, the ultimate responsibility lies with the Commission and not with the consultant. Mr. Sommer stated that the intent was to have a professional architect being able to give the Plan Commission an opinion, which would eliminate any problem with continuity. Commissioner Sheldon stated that she disagrees because Buffalo Grove has certain standards which is why we have an Appearance Commission. She said she realizes that we want certain standards for this particular development stage, which should conform to the overall standards set for the Village, and there are several areas which do not conform with the overall criteria of the Village. Also, the Plan Commission is not qualified to review the appearance and this will place an added burden on the Plan Commission - - and our job is to be a Plan Commission and not an Appearance Commission, which we already have. Mr. Sommer stated that we have a Sign Code, but we have felt all along there Buffalo Grove Plan Commission Public Hearing October 17, 1979 -5- would have to be a different code in this special planned development. However, there are no other appearance standards set in the Village that is the policy of the Appearance Commission. Mr. Mendenhall stated that this issue regarding the Appearance Commission, when it came from the BDDC, was not unanimous. He stated that an architect can look at a drawing of a sign and say it is alright, but the Appearance Commission has a feeling for the flavor that the people of the Village want. Mr. Genrich stated he feels the appearance of the building and architecture is an important aspect of the whole development. He said the Appearance Commission will have an opportunity to review these plans and comment on them. He said this is something that should be approved at the same time as the plans. It is an up-front thing and cannot wait until the end. Commissioner Davis asked if the BDDC was looking for a certain type of architec- ture. Mr. Mendenhall stated that is why we hired an architect, because we want them to blend everything together. They don't have to look alike, but we want them compatible. Mr. Katz stated that compatibility is achieved with materials and landscaping. Commissioner Sheldon stated that is one of the things the Appearance Commission does now. Commissioner Davis asked if there was any reason we cannot forward the plans to the Appearance Commission. Mr. Genrich stated that it is assumed they would. Chairman Shields stated there will be a representative from the Appearance Commission on the BDDC. Mr. Salvitore Sanitoro stated he represents the Midwest Bank & Trust Co., Trust #7110671, who are owners of approximately 3 acres on the northwest corner, at the corner of Rte. 83 and Buffalo Grove Rd. He said that service stations have been omitted from the Village Center and how does the Village plan to treat the two service stations already there. Mr. Truesdell said they would be non-conforming existing uses. Mr. Sanitoro said that is unfair. Mr. Genrich said they are existing uses and are already zoned. We would not superimpose over that use and we have never discussed that. Mr. Sanitoro stated that if you do this on a non-conforming use and the property sustains damage in excess of 50%, you are at the whim of the local municipality as far as rebuilding it, which is unfair. He stated they have been the owners of that property in excess of nine (9) years. Commissioner Goldspiel stated there are other municipally-zoned properties. Buffalo Grove Plan Commission Public Hearing October 17, 1979 -6- Mr. Truesdell stated that the gas stations are the only two existing uses and the others would have to be rezoned. Mr. Sanitoro stated there was an agreement entered into that he would petition the Village for B-5, Special Use, and the Village would rezone it to B-5. At this time, the Village has not lived up to the agreement. Trustee Marienthal stated that is not true, and as a member of the Village Board, he has to refute that statement. Mr. Sanitoro said it would be settled in court. Commissioner Goldspiel asked if the map was a zoning map or a master plan. Mr. Genrich said he would assume it is a master plan because most of that land is not in the Village and we cannot zone it. Upon further discussion of the map, Mr. Sommer stated that in planning for this site, it is our feeling that service stations are not appropriate in the Town Center. We do recognize the existing use, however. Commissioner Davis stated that because the Town Center includes the service stations and then goes on to list them as not being allowed - - if something destroys his property we are saying he cannot rebuild it and you have wiped him out. Chairman Shields stated that this is an area we need to clarify and explore further. Mr. Genrich stated that he feels the current ordinance in the B-5 Section, Page 101 - D, says what we should have said in this one, which is: The B-5 Village Center Business District is located on the attached map. This is the only loca- tion in which this classification may be applied. He said the point was that this is the only area it can be applied, but not imposed. Mr. Sanitoro stated that "Minimum Lot Size" on Page 5 is worded in such a way as to preclude a person's use of his own personal property. He said he feels this is unconstitutional and illegal. He stated he presently owns approximately 2.1 acres plus the service station, for a total of 3 acres, and you are telling me I cannot develop this property. He said the Village is opening itself to class action. Commissioner Goldspiel stated that there are other Villages that have said you cannot build a house on less than 5 acres and it apparently has stood up. j Mr. Mendenhall stated that this land is too valuable to have two (2) acres taken up by service stations and if they should disappear tomorrow for whatever reason, we will try our best to see that they are not put there again. Commissioner Goldspiel asked Mr. Sanitoro why he is unhappy that he is not zoned Buffalo Grove Plan Commission Public Hearing October 17, 1979 -7- B-5 when he is unhappy about the B-5 Ordinance. Why do you want to be in B-5 if you don't like it? Mr. Sanitoro stated he does not mind being in B-5 as long as he has the full use of his land. Chairman Shields closed the Hearing at 8:50. Li Respectfully submitted, Astrid L. Hasley Recording Secretary APPROVED BY: Patrick Shields, Chairman Buffalo Grove Plan Commission Public Hearing October 17, 1979 i REGULAR MEETING BUFFALO GROVE PLAN COMMISSION B-5 Ordinance Lake County Population Projections Buffalo Grove Datsun OCTOBER 17, 1979 Chairman Shields called the meeting to order at 8:57 P.M. in the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners Present: Chairman Shields Mr. Goldspiel Mrs. Sheldon Mr. Button Mr. Davis Mrs. Reid Mr. Glover Commissioners Absent: Mr. Shifrin Also Present: Mr. Steve Thompson, architect, B. G. Datsun Mr. Lloyd Fried, developer, B. G. Datsun Mr. Robert Stavin, developer, B. G. Datsun Mr. Leonard Kraus, President, Grand Spaulding Dodge Mr. Ronald Schwartz, architect, Grand Spaulding Dodge Mr. Carl Genrich, BDDC Mr. Howard Mendenhall, BDDC Mr. Bob Katz, Brim/Braun Associates Mr. Bill Sommer, Assistant Village Manager Mr. John Marienthal, Village Trustee Mr. Bart Delaney, Staff Coordinator Mr. Jim Truesdell, Staff Planner Mr. Burt Harris Commissioner Goldspiel made the motion the Agenda be revised to take Item V, C, then A and B, before the other matters. Commissioner Davis seconded the motion. The motion carried unanimously. BUFFALO GROVE DATSUN Mr. Delaney stated that Buffalo Grove Datsun is presenting their Final Plat. He said there is one correction to be made, which is an easement showing public ingress and egress should be shown as a public utilities easement. Commissioner Button moved that the Plan Commission recommend approval to the Village Board of this Plat of Resubdivision, Lot One, Grand Spaulding Dodge, dated 11 September 1979. Commissioner Davis seconded the motion. The motion Buffalo Grove Plan Commission Regular Meeting October 17, 1979 -2- carried with the Commissioners voting as follows: AYES: 5 Sheldon, Button, Davis, Reid, Glover NAYES: 0 None ABSTAIN: 1 Goldspiel ABSENT: 1 Shifrin Mr. Delaney stated there is another issue regarding the construction of a side- walk from the east end of the B. G. Datsun property to Crofton Lane. Mr. Kraus says it does not have to be installed and the Village says it does. Mr. Delaney stated that, in a conversation with Mr. Ron Schwartz, he said it was not their intention to construct this sidewalk. In fact, Mr. Kraus's attorney stated at the Public Hearing that they did not intend to construct that sidewalk. However, it is shown in pen on the plan and has been initialed by Mr. Kraus, and the Village staff feels it is necessary to have this constructed. Mr. Kraus stated that he has already extended the sidewalk past his development. He said that if you want to go by the plan, then he has more land coming because the plan shows the park donation as being on the east side of the curb cut, and the donation now includes the curb cut. He stated that the property the Village wants him to put sidewalk on was never owned by him. In answer to a question from the Commission, Mr. Delaney said the plan says, "New concrete walk to Crofton Lane". Commissioner Goldspiel moved that the Plan Commission express no opinion on this matter because there is so much that has happened on this project that we are not in a position to make a recommendation. It should be up to the Village Board to determine what the Village Board meant. It should be understood that we do not, in any way, mean to undercut the Village policy of having sidewalks. Commissioner Button seconded the motion. After further discussion, Commissioner Goldspiel withdrew the motion. Commissioner Goldspiel moved that it is the policy of the Plan Commission that sidewalks should continue to be constructed on both sides of Dundee Road. Commissioner Davis seconded the motion. Upon a voice vote, the motion carried unanimously. * AYES: 6 Goldspiel, Sheldon, Button, Davis, Reid, Glover NAYES: 0 None ABSTAIN: 0 None ABSENT: 1 Shifrin * The Commissioners qualified their motion by stating that they felt they were not in a position to approach the matter specifically but could only restate their position regarding sidewalks along Dundee Road. Buffalo Grove Plan Commission Regular Meeting October 17, 1979 -3- Mr. Sommer stated a Special Meeting has been scheduled this Monday for action on the Final Plat and a decision will be made by the Board on this matter. COMMISSION APPOINTMENT Commissioner Davis stated that apparently due to a technical error, a member of this Commission was removed for not complying with a Village ordinance. Commissioner Davis made the motion Mr. Burton Harris be reappointed to the Plan Commission and restored to seniority. Commissioner Sheldon seconded the motion. Upon voice vote, the motion carried unanimously. AYES: 6 Goldspiel, Sheldon, Button, Davis, Reid, Glover NAYES: 0 ABSTAIN: 0 ABSENT: 1 Shifrin B-5 ORDINANCE Mr. Truesdell stated that there are several things we cannot resolve this evening, but he would like the Commission to decide if they concur with the recommendations made by Mr. Raysa. Commissioner Sheldon stated she would like to see them in writing. Mr. Truesdell stated they would also be meeting with the Appearance Commission. Commissioner Goldspiel asked that when the staff meets with the Appearance Com- mission, that they be told that several of the Plan Commission members expressed concern about their omission from the Town Center review. Mr. Genrich stated that there was one point he felt the Plan Commission should address themselves to before Mr. Truesdell redrafts the ordinance. On Page 22, Section 7.5.4. A2, he suggested that generally at the last Public Hearing, there are some conditions that you want the developer to meet. He stated that he feels it should say that "within 30 days of the completion of all the instructions from the last workshop". Mr. Truesdell stated he felt that e 1 aving it as written would avoid the problem of having a developer wait for 60 - 80 days to get his material in. This way you are saying that if the materials are not in within 30 days, the Plan Com- mission has no alternative but to give a negative recommendation to the Board. He said he thinks that may serve to force a developer to get his things together. Commissioner Goldspiel stated that the trouble with that is the Commission loses it to the Board without reviewing everything. Chairman Shields and Commissioner Glover agreed with Commissioner Goldspiel. Buffalo Grove Plan Commission Regular Meeting October 17, 1979 -4- Chairman Shields stated that he feels the way it is worded now is too suttle for the problems that we really have because we accept these things for Public Hear- ings when they are not ready, and everytime we skip a step, it is a mistake. Commissioner Glover agreed that this puts too much preasure on us, and everything should be complete before we have a Hearing. Commissioner Goldspiel stated that he is concerned about the 30 units per acre and the 100 ft. height maximum. He said he does not understand how the bulk restrictions and floor ratios would work in accordance with those restrictions. He asked if the interaction of the height restrictions, the bulk restrictions, floor ratio and dwelling units per acre, could be explained and clarified at the next meeting. Mr. Albert Knuth, a property owner, stated he has been coming to the Town Center meetings since 1973. He said he was in the process of selling his land to a developer when the developer received a letter from the Village stating they were developing a land plan use for this property as part of a greater package and would suggest they defer any decisions for the purchase of this parcel until this was done. The Village President at that time, said that would be 6 months to a year. He stated he has waited 6 years to develop his property. He also said he feels that if his plan fits with any of the uses,he should be allowed to develop it. It was established that Mr. Knuth's property was in the area slated for residen- tial development. Mr. Knuth stated he did not object to developing his property residential, but objected to the fact he is allowed only one use for his property. Commissioner Davis made the motion the Plan Commission reconsider the concept of a Town Center. He stated that at the rate we are going, he feels we are not going to have anything unless we abandon the idea of a single Town Center. There was no second to the motion. Mr. Mendenhall stated that Dundee Road in Buffalo Grove does not look like Dundee Road east or west because a lot of people said we are not going to let that hap- pen. We consciously held back development on that highway to keep it from look- ing terrible. I would hate to see us throw this opportunity out the window. We don't want this to happen by chance. Mr. Knuth stated that he feels we as a Village have to decide what we are going to do and get some definite direction. He said that any time anyone has been interested in his property in the last few years and have come in to see what can be done with it, the staff members are at a loss to tell them what can be done. He stated he thinks there should be a time limit a village can ask a person to stand in limbo. JI Buffalo Grove Plan Commission Regular Meeting October 17, 1979 -5- Commissioner Davis stated that he felt to build a Town Center, the town should take the land and develop it themselves because they want public buildings and a band shell and open spaces. LAKE COUNTY POPULATIONS PROJECTIONS Mr. Truesdell said this came to us through the VAGA studies. Lake County is currently in the process of updating their comprehensive plan. They have asked the municipalities to look at this draft and at the three alternatives they have listed and give them an indication of what each village is looking towards. Mr. Truesdell summarized each of the alternatives. Commissioner Goldspiel made the motion that the Buffalo Grove Plan Commission A) supports the Western Growth Distribution for submission to the VAGA planning process, B) policies noted in the Western Growth Distribution are not necessarily incon- sistent with the Lakefront Alternative, and C) the trend distribution is the least desireable because, the same population is generated in Vernon Township as in the western growth alternate, but none of the benefits are received. Commissioner Sheldon seconded the motion. Upon a voice vote, the motion carried unanimously. AYES: 6 Goldspiel, Sheldon, Button, Davis, Reid and Glover NAYES: 0 ABSTAIN: 0 ABSENT: Shifrin Commissioner Button stated that the prepared projections of this area that he is a party to are substantially different. Mr. Genrich stated that the thing we should say to them is that you like the western growth idea, and it is important that we have good transportation north, and that that is not necessarily detrimental to the northern communities. You want to get the Lake County Board to concentrate their road funds over in that area. You want to have good transportation north and good access and you want to stress that it does not have to be detrimental. Commissioner Button stated that they are understating young single units and may- be understating the older +65 type of growth. Commissioner Goldspiel asked if it is within our role and ability to question their methodology. Mr. Truesdell said it is. V i Commissioner Button stated that they are saying this is your population for the Buffalo Grove Plan Commission Regular Meeting October 17, 1979 -6- year 2000, like it or not, this is what you get funding for. They admit this is the worst time to be doing this because the census is 9 years old. APPROVAL OF MINUTES Commissioner Davis moved to approve the minutes of October 3, 1979, as written. Commissioner Goldspiel seconded the motion. The motion carried unanimously. PLANNING AND ZONING WORKSHOP Chairman Shields stated their is a meeting on the 22nd for the Planning & Zoning Workshop. He said he thinks it would be very informative if the members of the Commission could attend. Commissioner Goldspiel said he thought he would be able to go. ADJOURNMENT Commissioner Davis made the motion the meeting be adjourned. Commissioner Gold- spiel seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:40 P.M. Respectfully submitted, r Astrid L. Hasley Recording Secretary APPROVED BY: Patrick Shields, Chairman L Buffalo Grove Plan Commission Regular Meeting October 17, 1979